Madras High CourtCRL OP(MD)/9909/2017dismissed

D. Ramesh v. The Inspector Of Police

2017-07-31Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.9909 of 2017 and Crl.M.P(MD).No.6767 of 2017 D. Ramesh ... Petitioner -Vs1. State rep. by The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.184 of 2017) 2.M. Chinnakaruppan ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the case in Crime No.184 of 2017 pending on the file of the first respondent and to quash the same.

For Petitioner : Mr.G.M.Xavier For R1 : Mr.K.Anbarasan, Government Advocate(Crl.side).

O R D E R

This Criminal Original petition is filed to call for the records pertaining to the case in Crime No.184 of 2017, pending on the file of the first respondent and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for first the respondent.

3. Based on the complaint received against the petitioner for causing accident due to the rash and negligent driving of the Transport Corporation bus, a case was registered in Crime No.184 of 2017 for the offence under Sections 279 and 304(A) of IPC.

4. The petitioner has filed this petition to quash the FIR. The case of the petitioner is that there was no motive alleged in the FIR as against the petitioner and that the person, who is the victim of the accident did not observe any Traffic Rules and did not wear Helmet.

5. This Court is of the view that this petition cannot be entertained at this stage, to quash the FIR. The complaint is only about an accident. The case is registered only for the offence under Sections 279 and 304(A) of IPC. https://hcservices.ecourts.gov.in/hcservices/

6. The fact whether the victim of the accident was negligent or not are all matters the Court will consider at the time of trial and there is no valid ground made out to quash the FIR. In any event, on the ground raised, this Court cannot entertain this petition to quash the FIR.

7. Accordingly, the Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Othakadai Police Station, Madurai District.

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

+1cc to M/S.G.M.Xavier, Advocate SR.No. 69416 Crl.O.P.(MD) No.9909 of 2017 and Crl.M.P(MD).Nos.6767 of 2017 31.07.2017 TRP JM/MR KKR/SAR 1/29.08.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/