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Madras High CourtWP/32127/2023dismissed

Muniyasamy v. The Superintendent Of Police

2023-11-09Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.11.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN W.P. No.32127 of 2023 Muniyasamy ... Petitioner -vs1.The Superintendent of Police, State Bank Road, SP Office, Coimbatore -18.

2.The Deputy Superintendent of Police, DSP Office, Karumathampatti, Coimbatore.

3.The Inspector of Police, Kovilpalayam Police Station, Coimbatore.

...Respondents

PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India, to issue Writ of Mandamus or any other direction in the nature of writ, directing the third respondent to conduct proper enquiry and investigate into the untimely death of the petitioner's father in law Mr.Vellaisamy on 10.04.2023 pursuant to the FIR in Crime No.126 of 2023 under the supervision of the 1st respondent by seizing the data from all the CCTV cameras installed near the place of occurrence on 10.04.2023 and consequently direct the 3rd Page No.1/4

respondent to file an alteration report including the vehicle number based on the petitioner's representation dated 25.07.2023 within a time stipulated by this court.

For Petitioner : Mr.K.Vasanthanayagan Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner herein is the defacto complainant in a case registered by the respondent police in respect of motor accident wherein, the father-in-law of the petitioner died. The petitioner alleging that the police has not properly collected the CCTV footage near the place of accident, seeks proper investigation and alter the report including the vehicle number based on the petitioner's representation dated 25.07.2023.

2. The perusal of the representation does not disclose any information except stating that in the absence of the particulars about the offending vehicle the petitioner is unable to file the motor accident claim.

3. The learned Government Advocate (Crl.Side) submits that the CCTV Footage collected, does not provide any clue about the offending vehicle. Being the hit and run case, the police conducting the enquiry with the available material collected and conducting the investigation as per law. Page No.2/4

4. The statement of the learned Government Advocate clearly indicates that there is no lapse on the part of the respondent police in investigating the motor accident case, therefore, the petition is dismissed. No costs. 09.11.2023 Internet : Yes/No Index : Yes/No rkp To 1.The Superintendent of Police, State Bank Road, SP Office, Coimbatore -18.

2.The Deputy Superintendent of Police, DSP Office, Karumathampatti, Coimbatore.

3.The Inspector of Police, Kovilpalayam Police Station, Coimbatore.

4.The Public Prosecutor, Madras High Court, Madras.

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Dr.G.JAYACHANDRAN, J.

rkp W.P. No.32127 of 2023 09.11.2023 Page No.4/4