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Madras High CourtWP(MD)/20500/2021disposed of

Chellappa.P.S v. The Superintendent Of Police

2021-11-23Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.20500 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.20500 of 2021 P.S.Chellappa ... Petitioner Vs.

1.The Superintendent of Police, Superintendent Police Office, Subramaniyanapuram, Trichy.

2.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Thiruverumbur, Trichy.

3.The Inspector of Police, Thiruverumbur Police Station, Thiruverumbur, Trichy.

... Respondents Prayer: Writ Petition is filed under Article 226 Constitution of India, to issue a Writ of Mandamus, directing the third respondent to consider petitioner's representation, dated 12.08.2021. For Petitioner : Mr.T.A.Punithan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The petitioner is the victim as well as the de-facto complainant in Crime No.916 of 2021 registered on the file of Thiruverumbur Police Station, for the offences under Sections 279 and 337 IPC.

2. The grievance of the petitioner is that even though he had named the rider of the vehicle, the FIR has not shown him as the accused. There is some controversy as to who was riding the offending vehicle. Be that as it may, the respondent Police filed the final report within one week before the Judicial Magistrate No.6, Trichy on 20.09.2021. The jurisdictional Magistrate is directed to take cognizance of the offences. The final report shall be taken on file and the C.C.Number shall also be assigned without any further delay. The petitioner will be entitled to a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.20500 of 2021 copy of the final report. From the final report, the petitioner can obtain the details regarding the rider of the vehicle.

3. Based on the same, the petitioner can pursue his claim for compensation before the Motor Accidents Claims Tribunal. The Judicial Magistrate No.6, Trichy will conclude the said exercise within a period of two weeks from the date of receipt of copy of this order. This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) mga/csm 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 Judicial Magistrate No.6, Trichy.

2.The Superintendent of Police, Superintendent Police Office, Subramaniyanapuram, Trichy.

3.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Thiruverumbur, Trichy.

4.The Inspector of Police, Thiruverumbur Police Station, Thiruverumbur, Trichy.

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

W.P(MD)No.20500 of 2021 23.11.2021 SK(CO) SB(06.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2