Velmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P(MD)No.13806 of 2024 Velmurugan

...Petitioner

Vs

1. The Inspector of Police Manamadurai Police Station Sivagangai District

2. Rajapushpam

...Respondents

PRAYER: Criminal Original Petition filed under Section 528 of BSNSS to call for the entire records pertaining to the impugned First Information Report in Crime No.16 of 2024, dated 11/01/2024 on the file of the first respondent police and quash the same as illegal against the petitioner For Petitioner : Mr.R.Senthil Kumar For Respondent : Mr.E.Antony Sahaya Prabhakar No.1 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.16 of 2024, dated 11/01/2024 on the file of the first respondent police 1/4

2. The contention of the petitioner is that the petitioner is the driver of the TNSTC bus and on 11.01.2024 while he was driving the bus in the national highways at that time the deceased in this case violating the traffic rules dashed against the bus, due to which she sustained injuries and later died. He would further submit that the petitioner is driving the bus following the traffic rules, hence sought for quashing the First Information Report.

3. The learned Additional Public Prosecutor strongly opposed the contention of the petitioner and submitted that initially a case has been registered for the offence under Sections 279 and 337 of IPC and later after the death of the victim the case has been altered to Section 304 (A) of IPC. . In view of the same, the contention of the petitioner cannot be taken on face value and it has to be tested only during trial . The grounds takes by the petitioner are factual in nature. He further submitted that if the contention of the petitioner is found to be acceptable proper action would be taken. He further submitted that in this case substantial portion of the investigation is over and five witnesses have been examined and after receiving the report from the Motor Vehicle Inspector and doctor the charge sheet will be filed within a period of two months.

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4. Taking into consideration the fact the case is under the stage of examination of witnesses and at this stage this case cannot be entertained. Further other pointed raised by the petitioner have to be gone into full fledge trial and the mixed question of facts cannot be decided under Section 482 of Cr.P.C, hence this Court is not inclined to quash the proceedings. Accordingly the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. Further the respondent police is directed to file final report before the concerned Court within a period of two months from the date of receipt of a copy of this order. 29.01.2025 NCC : Yes/No Internet : Yes/No Index : Yes/No aav To

1. The Inspector of Police Manamadurai Police Station Sivagangai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

aav 29.01.2025 4/4