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Madras High CourtCRL OP/14078/2017dismissed

P.A.Prabhakara Rao,59 Yrs, v. Inspector Of Police ,

2021-11-08Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl. O.P. No.14078of 2017 and Crl. M.P. No.8996 of 2017 P.A.Prabhakara Rao

...Petitioner/Affected Party

Vs.

1. State rep. by Inspector of Police, E1- Mamallapuram Police STation, Kanchipuram Disrict.

Crime No.314 of 2014

2. K.Shameeth Nawaz

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.314 of 2014 on the file of E1 Mamallapuram Police Station, Mamallapuram, Kanchipuram District and quash the same. For Petitioner :

No Appearance For 1st Respondent :

Mr.S.Vinoth Kumar, for Public Prosecutor For 2nd Respondent :

No Appearance

ORDER

This petition is filed to quash Crime No.314 of 2014 on the file of E1 Mamallapuram Police Station, Mamallapuram, Kanchipuram District.

2. There is no representation on behalf of the petitioner. It is stated that the Petitioner is working as a Regional Manager at New India Assurance Company Ltd., against whom Motor Accident Claims Petition has been pending which is filed on behalf of the legal heirs of the deceased and also the injured. The main grievance of the petitioner in this petition is that, the FIR which was registered against the driver of the lorry who was said to have drove the car in rash and negligent manner, is https://hcservices.ecourts.gov.in/hcservices/

not proper since the de-facto complainant is not an eye witness.

3. This Court is unable to understand as to how this petition is maintainable. FIR is not an encyclopedia, it is a report which records the first information of occurrence. All other aspects has to be unearthed during the course of investigation. The Petitioner, being the Regional Manager of Insurance Company, has no locus standi to maintain such petition.

4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Criminal Miscellaneous Petition is closed.

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

1. The Inspector of Police, E1- Mamallapuram Police STation, Kanchipuram Disrict.

2. The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P.No.14078 of 2017 VGII(CO) RGA(29/11/2021) https://hcservices.ecourts.gov.in/hcservices/