Madras High CourtCRL OP/24026/2021disposed of

R. Roja v. The Inspector Of Police

2022-01-06Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.24026 of 2021 R.Roja ... Petitioner Vs.

The Inspector of Police, H-3, Maraimalai Nagar Police Station, Chengalpattu District.

... Respondent PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to furnish the copy of the insurance policy of the vehicle bearing No.TN20-CF-7434 pertaining to the FIR No.456 of 2019 dated 14.10.2019 to the petitioner.

For Petitioner : Mr.M.Dharani Dharan For Respondent : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This criminal original petition has been filed to direct the respondent to furnish the copy of the insurance policy of the vehicle bearing No.TN-20-CF-7434 pertaining to the FIR No.456 of 2019 dated 14.10.2019 to the petitioner.

2. The learned counsel for the petitioner submits that on 14.10.2019, while they were crossing the road near Kattangulathur from Chrompet, near Vasi Palace Hotel, a Toyota Innova Car, bearing Registration No. TN-20-CF-7434, driving in a rash and negligent manner caused an accident and the petitioner's mother admitted in SRM hospital, later died on 16.09.2019 due to heavy head injury. To file an accidental claim before the MACTOP Court, the petitioner needs the insurance policy and other details of the vehicle involved in the offence. The respondent police, for obvious reasons, denied to give the particulars of the vehicle, such as, the copy of the Registration Certificate, Driver's name, Insurance policy and also the other documents pertaining to the vehicle. He further submits that the petitioner had made minimum ten visits to the police station and each time one reason or the other was given. Thereafter, on the directions of this Court, the petitioner had https://hcservices.ecourts.gov.in/hcservices/

also sent a notice seeking documents, since they are entitled under section 160 of Motor vehicles Act. Thereafter too, the respondent police had not provided the necessary documents.

3. The learned Government Advocate (Crl.side) submits that the petitioner in his prayer has sought for insurance policy which is presently available and the petitioner can collect the same from the respondent police.

4. The learned counsel for the petitioner submits that either the petitioner or the counsel for the petitioner would appear before the respondent police on 12.01.2022. 5.On that date, the Station Writer shall furnish all the particulars of the vehicle bearing Registration No. TN-20-CF7434, including the insurance policy to the petitioner with proper acknowledgment and thereafter, send a report to the learned Public Prosecutor Office, High Court of Madras.

6. With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sli To:

1. The Inspector of Police, H-3, Maraimalai Nagar Police Station, Chengalpattu District.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.24026 of 2021 VBM(CO) CT 10/01/2022 https://hcservices.ecourts.gov.in/hcservices/