BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N.PRAKASH, J.
P.Ramkumar Adityan - Petitioner
Vs.
The Superintendent of Police Office of the Superintendent of Police, Tuticorin District – Respondent
Crl.O.P.(MD) No.2590 of 2016
Decided on : 25-02-2016
Representation - Criminal Procedure - The court directed the police to consider the petitioner's representation and take steps to ascertain the truth of the matter in a case involving an accident where the driver of the vehicle was unknown.
Fact of the Case:
The petitioner was involved in an accident, and the police registered a case without naming the driver of the vehicle responsible for the accident.
Finding of the Court:
The court directed the police to consider the petitioner's representation and take steps to ascertain the truth of the matter.
Issues: Identification of the driver responsible for the accident and the police's failure to name anyone in the FIR.
Ratio Decidendi: The court emphasized the importance of considering the petitioner's representation and taking steps to identify the responsible party in the accident.
Final Decision: The 2nd respondent police was directed to consider the petitioner's representation and take steps to ascertain the truth of the matter.
This petition has been filed to direct the 2nd respondent to array the driver concerned of a Omni Bus, namely, Texcity Travels, which is running between Coimbatore and Udankudi as accused in Crime No.165 of 2015 on the file of the 2nd respondent police considering the petitioner's representation dated 10.08.2015.
2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side).
3. It is seen that this petitioner met with an accident, in connection with which, a case in Crime No.165 of 2015 under Sections 279 and 337 IPC has been registered on 09.06.2015 by the respondent police, on the complaint given by the petitioner. Since the petitioner did not know the name of the driver of the vehicle, which had caused the accident, the Police have not named anyone in the FIR.
4. It is the case of the petitioner that after he was discharged from the hospital, he made enquiries with the Toll Plaza and with the help of the CCTV Camera installed thereon, he came to understand that the vehicle bearing Reg.No.TN-69 AT 5162 must have been responsible for his accident. In this regard, the petitioner has given a representation dated 10.08.2015 to the respondent police.
5. In the light of the representation, the 2nd respondent police is directed to take into consideration the representation dated 10.08.2015, given by the petitioner and take steps to ascertain the truth of the matter. With the above direction, this Criminal Original Petition is closed.
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