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Madras High CourtCRL OP/8030/2016closed

A. Jegadees, v. The Insepctor Of Police,

2016-06-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.8030 of 2016 A.Jegadees

...Petitioner

Vs.

The Inspector of Police, Mangalamedu Police Station, Perambalur District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent to investigate the complaint dated 05.02.2016 on the file of the respondent along with the FIR No.94/2016 on the file of the respondent-Police dated 30.01.2016 and to file a charge sheet.

For Petitioner : Mr.V.T.Narendiran For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to direct the respondent to investigate the case in Crime No.94 of 2016 and to file a charge sheet.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. In respect of a motor vehicle accident that is alleged to have taken place involving two lorries, the respondent Police have registered a case, based on the complaint given by Suresh, in Crime No.94 of 2016 dated 30.01.2016, for the offences under Sections 279 & 337 IPC, against the petitioner herein. It is the grievance of the petitioner that he was seriously injured and admitted in a hospital and at that time, the police have registered an FIR, on the complaint given by Suresh. According to the petitioner, he is a victim and the said Suresh was responsible for the accident. https://hcservices.ecourts.gov.in/hcservices/

4. In this case, the petitioner has given a representation dated 05.02.2016, giving his version of the incident. In a case of this nature, when one FIR has been registered, there cannot be a second FIR for the same transaction. However, the respondent-Police is directed to enquire into the allegations made by the petitioner in his representation dated 05.02.2015, while conducting the investigation and take action in accordance with law. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ds To 1.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.T. Narendiran, Advocate, S.R.No.33738 AD(CO) EU(12/07/2016) Crl.O.P.No.8030 of 2016 https://hcservices.ecourts.gov.in/hcservices/