J.Sathiyabama v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.9215 of 2017 J.Sathiyabama ... Petitioner -Vs1. The Superintendent of Police, Madurai District.
2. The Inspector of Police, Traffic Investigation Wing, Y.Othakkadai Police Staion, Y.Othakkadai, Madurai District.
(Crime No.287 of 2017 ) ... Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to issue a direction directing the respondent No.2 to furnish the documents of copy of the registration certificate, the copy of the Insurance policy certificate, the copy of the driving license of the driver/Muthupandi in respect of vehicle TN59/ADD-0693 by considering the representation of the petitioner, dated 13.06.2017.
For Petitioner : Mr.R.Sureshkumar For Respondents : Mr.K.Anbarasan Government Advocate(Crl. Side)
O R D E R
This application is filed by the petitioner for a direction to the second respondent to furnish the copies of the documents, viz., the Registration Certificate, the Insurance Policy Certificate, Driving License of the driver/Muthupandi in respect of vehicle TN59/ADD-0693 by considering the representation of the petitioner, dated 13.06.2017.
2.Heard Mr.R.Sureshkumar, learned counsel appearing for the petitioner and Mr.K.Anbarasan, learned Government Advocate(Crl.Side) appearing for the respondents.
3.The petitioner states that her son is studying sixth standard met with an accident that took place on 22.05.2017. As a result, the petitioner's son sustained grievous injuries. When the petitioner approached the second respondent to furnish the particulars relating to the vehicle which caused the accident, the second respondent https://hcservices.ecourts.gov.in/hcservices/
replied that the same is yet to be received.
4. Therefore, the petitioner has approached this Court for a direction to the second respondent to furnish the copy of the Registration Certificate, Insurance Policy Certificate and Driving License of the driver, who drove the vehicle on the date of accident.
5. The learned Government Advocate (Crl.Side) on instructions would submit that the second respondent police has obtained the Registration Certificate of the vehicle which caused the accident and therefore they could handed over only the Registration Certificate. It is further submitted by the learned Government Advocate (Crl.Side) that the vehicle which caused the accident did not have valid insurance policy as on the date of accident and that the driver of the vehicle did not have valid driving license. Since the information furnished by the second respondent would show that the vehicle involved in the accident was not insured and the driver has no valid license, the same can never be produced by the respondent police. The learned Government Advocate (Crl. Side) today handed over the xerox copy of the Registration Certificate of the vehicle which caused the accident.
6. Recording the same, this Court is not inclined to give any further direction to the second respondent as the other documents cannot be made available by the respondent police. Hence, this Criminal Original Petition is closed.
Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Madurai District.
2. The Inspector of Police, Traffic Investigation Wing, Y.Othakkadai Police Staion, Y.Othakkadai, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO Mr.R.SURESH KUMAR, ADVOCATE IN SR No. 66212 DAS/PJL TE/SKN-RSK/SAR-III : 01/08/2017 : 2P/5C CRL.O.P.(MD)No.9215 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/