Madras High CourtCRL OP(MD)/3437/2018disposed of

Koilpillai Charles, v. The Commissioner Of Police,

2018-03-21Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.3437 of 2018 Koilpillai Charles ... Petitioner -vs1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Traffic Investigation Wing, Tirunelveli Junction, Tirunelveli City.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to register a case based on the petitioner's complaint dated 30.01.2018. For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the second respondent to register a case, based on the complaint given by the petitioner dated 30.01.2018.

2.The learned counsel for the petitioner has submitted that on 24.01.2018 at about 08.00 hours, the petitioner proceeded from Palayankottai to K.T.C.Nagar in his two wheeler bearing Registration No.TN 72 BE 1662, the proposed accused came from the opposite direction in a two wheeler bearing Registration No.TN 67 T 7723 in a rash and negligent manner and dashed against the petitioner's vehicle. Due to the said incident, the petitioner sustained severe injury all over his body and became unconscious. He further submitted that the petitioner was admitted in the Galaxy Hospital, Tirunelveli for further treatment on 24.01.2018 itself and hence, the petitioner has lodged a complaint before the second respondent on 30.01.2018, but, sofar, no action has been taken. 3.The learned Government Advocate (Criminal Side) has submitted that based on the complaint given by the opposite party a case has https://hcservices.ecourts.gov.in/hcservices/

been registered in Crime No.33 of 2018, under Sections 279 and 338 IPC against the petitioner herein and hence, no second F.I.R. can be registered with regard to the same occurrence and enquiry is still pending.

4.Considering the aforesaid submissions, the second respondent is directed to enquire the matter and dispose of the petitioner's complaint in accordance with law within a period of one week from the date of receipt of a copy of this order.

5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Traffic Investigation Wing, Tirunelveli Junction, Tirunelveli City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.R.Pon Karthikeyan, Advocate SR.No. 57037 CRL.O.P.(MD)No.3437 of 2018 21.03.2018 ls JM/SKN RSK/SAR 1/26.03.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/