Madras High CourtCRL OP/13721/2021disposed of

M.Kumari v. State Rep By

2021-08-10Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.13721 of 2021 M. Kumari

...Petitioner

Versus

The State rep. by The Inspector of Police, E-6, Thirupporur Police Station, Kancheepuram District.

...Respondent

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to investigate the Crime No.388 /2019 in effective manner and take appropriate action in accordance with law and direct the respondent to provide the particulars about the accident to the petitioner for filing MCOP.

For Petitioner : Mr.K. Sivasubramanian For Respondents: Mr. A. Damodharan, Government Advocate (crl. side)

ORDER

This Criminal Original Petition is filed to direct the respondent police to investigate the case and provide relevant particulars to the petitioner enabling her to file M.C.O.P.

2. The contention of the petitioner is that the petitioner's daughter died in a road accident and a case in Crime No.388 of 2019 has been registered. Though the occurrence had taken place on 22.12.2019, charge sheet is yet to be filed in this case. Hence, the present petition.

3. The learned Government Advocate (crl. side) appearing for the respondent would submit the respondent police may be permitted to file a final report within a period of 3 months.

4. The learned counsel for the petitioner would submit that the petitioner is not provided with the Insurance particulars and the particulars of the vehicle, which is involved in the accident, enabling the petitioner, who is a widow, to make accident claim.

https://hcservices.ecourts.gov.in/hcservices/

5. In view of the submission made by the learned Government Advocate (crl. side), the respondent police is directed to complete the investigation and file a final report within a period of 3 months from the date of receipt of a copy of this order. Further, the petitioner, mother of the victim under Section 160 of the Motor Vehicle Act, is to be furnished with all copies including Insurance particulars, vehicle particulars, driver and owner details so that the mother of the victim to file claim petition before the Motor Vehicles Accident Claim Tribunal. Hence, the respondent police is duty bound to furnish the copy to the petitioner forthwith whenever the petitioner approaches and makes a request.

6. With the above direction, this Criminal Original Petition is disposed of.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar mrp To

1. The Inspector of Police, E-6, Thirupporur Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras +1 CC to Mr.K. Siva Subramanian, Advocate sr 39296. CRL.O.P.No.13721 of 2021 KSM(CO) SP(02/09/2021) https://hcservices.ecourts.gov.in/hcservices/