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Madras High CourtCRL OP/25153/2025dismissed

S.Subramanian v. The State, Represented By

2025-09-15Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR S.Subramanian Petitioner(s) Vs

1. The State, Represented by Inspector of Police, TIW Anna Nagar West Police Station, Chennai.

2.S.Ramesh Respondent(s) PRAYER To call for the entire records pertaining to the final report in S.C.No.404 of 2025 on the file of the Learned I-Additional District Judge, Chennai and quash the same with respect to the Petitioner.

For Petitioner(s):

Mr.Athiban Vijay A.K.

For Respondent(s):

Mr.R.Vinothraja, Govt. Advocate (Crl.Side) for R1

ORDER

This petition has been filed to quash the the entire records pertaining to the final report in S.C.No.404 of 2025 on the file of the Learned I-Additional District Judge, Chennai for the offence under Section 308 IPC and Section 184 of Motor Vehicles Act.

2. It is the case of the prosecution that on 26.03.2022 at about 21.00 hours, while the second respondent was riding his auto rickshaw in New Avadi Road, the petitioner was speeding in his bike in a rash and negligent manner and also wheeling on the road, causing fear to the general public.

3. The learned counsel for the petitioner submitted that Section 308 of IPC will not attract for riding the motor cycle in a rash and negligent manner.

4. The petitioner was charged for the offence under Section 308 for wheeling his motorcycle and causing danger to the general public. Whether the petitioner rode the vehicle in a negligent manner and whether the offence under

Sections 308 of IPC and 184 of Motor Vehicles Act are made out or not, is a matter of evidence.

5. Therefore, at this stage, this Court is not inclined to quash the proceedings. However, considering the age of the petitioner, the trial Court shall appreciate the entire evidence and dispose of the main case immediately. The petitioner's personal appearance before the Trial Court is dispensed with.

6. With the above observations, this petition is dismissed. 15-09-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Inspector of Police, TIW Anna Nagar West Police Station, Chennai.

N.SATHISH KUMAR J.

pvs CRL OP No. 25153 of 15-09-2025