M.V. Muralidaran, J.

The petitioner has filed this petition to call for the records in C.C.No.246 of 2005 pending on the file of the learned Judicial Magistrate Court, Dharapuram and quash the same.

2. The case of the prosecution is that on 8.4.2003 at 1.00 A.M., the petitioner was driving an ambassador car bearing registration No. TDC 5686 from east to west on Dharapuram-Ottanchatram road and when the car was nearing Karuvelampallam, the petitioner drove the car negligently and dashed against the right side neem tree. Due to the accident, one Jaichandran, who was travelling in the car sustained grievous injuries in his head, face, lip and succumbed to injuries on 25.2.2005 at 11.00 A.M. Therefore, the petitioner is punishable under Section 304(A) I.P.C.

3. According to the petitioner, on 8.4.2003, the defacto complainant, petitioner and his friends were travelling in the car bearing registration No. TDC 5688 and the same dashed against the tree. Due to the accident, defacto complainant and his friends sustained injuries. On the basis of the complaint given by Selvam @ Babu, the respondent police registered a case in Crime No.143 of 2003 under Sections 279, 337, 338 (2 counts)