Divya v. Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03-11-2023
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Crl. OP No.23781 of 2023 Divya ... Petitioner Vs.
1.Commissioner of Police, Avadi.
2.State By:
Sub-Inspector of Police, Avadi Traffic Investigation Wing, Avadi.
... Respondents Prayer: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation pending in Crime No.624 of 2023 on the file of the second respondent and transfer the same to any other Traffic Investigation Wing.
For Petitioner : Mr.A.N.Rajan
For Respondents : Mr.S.Udaya Kumar, Government Advocate (Criminal Side).
O R D E R
The petitioner herein filed a complaint, which is registered by the respondent-police in Crime No.624 of 2023 dated 12.09.2023, reporting the road accident in which she sustained injury while travelling on the pillion of the two wheeler driven by her husband, is before this Court for change of investigation.
2. Alleging that the Avadi Traffic Investigation Wing has not been properly recording the information furnished by her in the complaint, particularly, the name of the bus driver, who caused the accident and the Registration Number of the bus not being properly recorded.
3. The learned Government Advocate (Criminal Side), appearing on behalf of the respondents, states that as per the complaint given by her, First Information Report (FIR) has been registered and the investigation is on.
4. The occurrence took place on 09.09.2023. The complaint given on 12.09.2023. Any additional material is available with the complainant and the same is produced, that will be enquired into and Final Report will be filed based on the completion of the investigation.
5. It is submitted by the learned Government Advocate (Criminal Side), appearing on behalf of the respondents, that the petitioner does not produce the documents, which was required by the Investigation Officer (IO) and once the documents are produced, the investigation will be completed and the vehicle will be subjected to Motor Vehicle Test and only thereafter Final Report will be filed.
6. In the light of the above submissions made by the learned Government Advocate (Criminal Side), appearing on behalf of the respondents, this Court finds that there is no necessity for transfer of investigation and the further investigation based on the material to be furnished by the complainant will be suffice. Accordingly, the respondentpolice is directed to expedite the investigation and complete the same within
a period of three months from the date of receipt of a copy of this order.
7. With the above directions, the present Criminal Original Petition is disposed of.
03-11-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn
To 1.Commissioner of Police, Avadi.
2.The Sub-Inspector of Police, Avadi Traffic Investigation Wing, Avadi.
3.The Public Prosecutor, High Court of Madras, Chennai.
DR.G.JAYACHANDRAN, J.
Svn Crl. OP 23781 of 2023 03-11-2023