ORDER

% 22.07.2024 CM APPL. 40872/2024 (exemption from filing of dim/ illegible/ hand written/ certified/ typed copies of annexures along with 4-inch margin along with affidavit)

1.Exemption is granted, subject to all just exceptions.

2.The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3.Accordingly, the application stands disposed of. W.P.(C) 9982/2024

4.The Petitioner has filed the present writ petition seeking grant of compensation of more than Rs. 30 Lakhs, in view of the non-cooperation/ inaction of the Respondents in terms of the Petitioner’s Hit and Run Road Accident case.

5. The Petitioner submits that on 18 th June, 2021, while travelling back to his residence on his Honda Motorcycle, he met with a road accident when an unknown vehicle hit his motorcycle from the back, causing the Petitioner to fall down and become unconscious. With the help of bystanders, he was taken to the Trauma Centre at the All India Institute Medical Sciences1.

However, due to lack of seats at AIIMS trauma centre, the Petitioner was subsequently referred to the Vardhman Mahavir Medical College and Safdarjung Hospital for further treatment.

6.The Petitioner submits that while he was at the AIIMS Trauma Centre, the Administrative department of AIIMS informed Police Officials of PS Hauz Khas, Delhi about the accident. In this regard, reliance is placed on the General Diary Entry no.-0013A dated 19 th June, 2021 whereby the information received from AIIMS Trauma Centre was recorded.

7.Thereafter, at the VMMC and Safdarjung Hospital, the resident doctor, Department of Neurosurgery, recorded a Medico Legal Certificate2 bearing No. 500275921 dated 19 th June, 2021 pertaining to the Petitioner’s injuries. The Petitioner’s contention is that despite reporting the accident to the Police, no FIR was registered by them and as a result, the offending unknown vehicle could not be traced.

8. An FIR was ultimately registered by the Police on 10 th April, 2024, pursuant to an order dated 5 th April, 2023, passed by the MM Saket Court, South Distt., Delhi, under Section 156(3) of the Code of Criminal Procedure, 1973. This FIR records that on the basis of the MLC report, an offence 1 “AIIMS”

2 “MLC”

under Sections 279/337 of the Indian Penal Code, 1860 is made out. Since then, the FIR was been investigated and the Court is apprised that an untraceable/ report has been filed.

9.The Petitioner, aggrieved by the negligence on the part of the Respondents’ delay in registration of FIR, argues that because of the delay, the offending vehicle could not be traced and he could not seek adequate relief and compensation.

10.The Court observes that there is certainly a big-time gap between the MLC being recorded and information being provided to the Police and registration of FIR. Respondents are directed to file their respective counter affidavits, giving their explanation for the delay in recording of the FIR.

11.Issue notice. Mr. Amit Tiwari, counsel accepts notice on behalf of Respondent No. 1. Mr. Abhinav Singh, counsel accepts notice on behalf of Respondent Nos. 3, 9 and 10. Let counter affidavit be filed within four weeks from today. Rejoinder, if any, be filed within two weeks thereafter.

12.Issue notice to the remaining Respondents, upon filing of process fee, by all permissible modes, returnable before the next date of hearing.

13. List on 4 th November, 2024.

SANJEEV NARULA, J JULY 22, 2024/ nk