Kamala v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4470 of 2016 Kamala .. Petitioner Vs.

1.The Superintendent of Police Villupuram.

2.The Inspector of Police Vikkaravandi police station (L&O) Villupuram District.

Crime No.509 of 2014.

.. Respondents Prayer:- Petition has been filed under Section 482 of Cr.P.C. to direct the second respondent to further investigate the case based upon the petitioner's complaint dated 10.12.2014. For Petitioner : Mr.R.Rameshkumar For Respondents : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

This petition is filed for issuing a direction to the second respondent to further investigate the case based upon the petitioner's complaint dated 10.12.2014.

2.Learned counsel for the petitioner submits that on 06.08.2014, at about 10.30 p.m., when the petitioner's husband namely, Krishnamurthi had driven his car bearing Registration No.T.N.32-CA-3165, it dashed against the stationed lorry, which was not having any reflector or parking light. Hence, the petitioner has lodged a complaint. But the respondents have not shown any interest to enquire the matter and register the case. Therefore, the petitioner has come forward with this petition for the above stated relief.

3.Learned Additional Public Prosecutor filed a status report stating that on the basis of the complaint given by one Azhagiya Manavalan, who is the brother of the deceased Krishnamurthy, a case in Crime No.509 of 2014 has been registered for the https://hcservices.ecourts.gov.in/hcservices/

offences under Sections 279 and 304A IPC and witnesses were also examined. It is further stated that after due investigation, they came to know that the deceased himself caused the said accident and died on the spot. So further action has been dropped on 02.09.2014. Hence, he prays for dismissal of this petition.

4.Considering the rival submissions made on both sides, during investigation, the respondents came to know that the said lorry has been parked outside the Highway road (i.e.) mud road, the deceased himself had driven the vehicle and dashed against the parked vehicle. Due to the said impact, the deceased sustained injuries and died on the spot. Under such circumstances, I do not find any reasons to allow this petition. Accordingly, the Criminal Original Petition is dismissed as devoid of merits.

kj s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1.The Superintendent of Police Villupuram.

2.The Inspector of Police Vikkaravandi police station (L&O) Villupuram District.

3.The Public Prosecutor, High Court, Madras.

rsi(co) prk25/4 Crl.O.P.No.4470 of 2016 https://hcservices.ecourts.gov.in/hcservices/