Marimuthu v. The Superintendent Of Police

Crl.O.P.(MD)No.13601 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13601 of 2021 Marimuthu ... Petitioner Vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kayatharu Police Station, Thoothukudi District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent not to harass the petitioner to admit the offence of F.I.R.No.523 of 2021 dated 10.09.2021 under Sections 279, 304(a) of IPC on the file of the Kayathar Police Station, Thoothukudi District. For Petitioner : Mr.R.Murugappan Advocate.

For Respondent : Mr.K.Sanjai Gandhi Government Advocate

O R D E R

This petition has been filed to direct the second respondent not to harass the petitioner to admit the offence of F.I.R.No.523 of 2021 dated 10.09.2021 under Sections 279, 304(a) of IPC on the file of the Kayathar Police Station, Thoothukudi District. 2.The case of the petitioner is that even though a case has been registered against the petitioner, the offence under Section 304(a) IPC is attracted only against the third respondent. However, the second respondent is pressurizing the petitioner to admit the offence under Section 304(a) of IPC.

3.This Court could not understand the grievance expressed by the petitioner. Since the case is under investigation, question of admitting the offence does not arise at this stage. 4.However, the learned Government Advocate would submit that the petitioner has not produced the driving license. So, the vehicle involved in the accident could not be produced before the Motor Accidents Claims Tribunal for inspection. He would further submit that there is no question of harassment on the part of the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13601 of 2021 respondent.

5.But the learned counsel appearing for the petitioner would submit that the driving license of the petitioner also produced before the second respondent, after taking the photocopy, the original license was returned to him.

6.In view of the above submission made by the learned Government Advocate, there is no question of harassment on the part of the second respondent. Hence, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kayatharu Police Station, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.13601 of 2021 Date : 16.09.2021 RS (24.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2