Mr. Hemanth v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26773 of 2015 Hemanth ... Petitioner Vs.

1.The Commissioner of Police Veppery, Chennai.

2.The Assistant Commissioner of Police Traffic Investigation, Adyar, Chennai.

3.The Inspector of Police Traffic Investigation, Besant Nagar Adyar, Chennai.

4.The Sub-Inspector of Police Traffic Investigation, Besant Nagar Adyar, Chennai.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register an F.I.R. as per the C.S.R. receipt bearing No.1093/AM3/15 dated 20.10.2015 on the file of the Inspector of Police, Traffic Investigation, Besant Nagar, Adyar, Chennai.

For Petitioner : Mr.G.Mohanakrishnan For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the respondents to register an F.I.R. as per the C.S.R. receipt bearing No.1093/AM3/15 dated 20.10.2015 on the file of the third respondent police.

2. In the petition, it has been stated that on 20.10.2015, the petitioner had gone to attend Kalari class in Besant nagar beach in the Ford Fiesta Titatinum car bearing Registration No.TN 10 AJ 9988. He had parked his car in the parking area and after attending the class, when he had come back, he found that the car has been damaged. The people at the shot informed him https://hcservices.ecourts.gov.in/hcservices/

that a Mahindra van bearing Registration No.TN 07 AB 9003 carrying the school children had driven by its driver in a rash and negligent manner, hit the car and sped away without stopping. Hence, he lodged the complaint at about 9.00 a.m. It is only around 1.00 p.m., the fifth respondent had issued a C.S.R.No.1093/AM3/15 to him. Since the respondent police has not registered any case on the petitioner's complaint, the present criminal original petition has been filed.

3.Learned Additional Public Prosecutor submits that no cognizable offence has been made out on the allegation made by the the petitioner.

4.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor. 5.Considering the submissions made on either side, since C.S.R. number has already been assigned, it is appropriate to direct the respondents to conduct an enquiry on C.S.R.No.1093/AM3/15 and proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

kj Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Commissioner of Police Veppery, Chennai.

2.The Assistant Commissioner of Police Traffic Investigation, Adyar, Chennai.

3.The Inspector of Police Traffic Investigation, Besant Nagar Adyar, Chennai.

4.The Sub-Inspector of Police Traffic Investigation, Besant Nagar, Adyar, Chennai.

5. The Public Prosecutor, High Court, Madras. + 1 cc to Mr.G.Mohanakrishnan, Advocate Sr 63009. VSN/CO KR/15/12 Crl.O.P.No.26773 of 2015 https://hcservices.ecourts.gov.in/hcservices/