Crl.O.P No.20992 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA

Crl.O.P No.20992 of 2021

and Crl.M.P. Nos.11390 & 11445 of 2021

A.B.Rajendra Babu

... Petitioner/Accused No.4

Vs.

1.State, Rep by,

The Inspector of Police,

Central Crime Branch, Salem,

(Crime No.17 of 2005)

... Respondent No.1/ Complainant

2.T.V.Sathyamurthy,

Divisional/Zonal Manager,

The New India Assurance Company Limited,

102, Yercaud Junction Road,

Ground Floor,

Alagapuram, Salem 636 016.

... Respondent No.2/

defacto complainant

PRAYER: Criminal Original Petition is filed under Section 482 of

Criminal Procedure Code, praying to call for Records in C.C.No.44 of 2018

on the file of the learned Judicial Magistrate No.5, Salem and quash the

same.

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Crl.O.P No.20992 of 2021

For Petitioner

: Mr.Manuraj

For Respondents

: A.Damodaran,

Additional Public Prosecutor for R1

O R D E R

This Criminal Original Petition has been preferred to call for the

records in CC.No.44 of 2018 on the file of the learned Judicial Magistrate

No.5, Salem and to quash the same.

2. The petitioner is the fourth accused who is a doctor by profession.

The case of the prosecution is that with the connivance of the petitioner/4th

accused along with other accused of this case, a false claim was made for

claiming compensation by alleging that the 1st Accused had suffered

injuries due to road traffic accident.

3.Heard the submissions made on either side and perused the

materials available on record.

4.Mr.Manuraj, learned counsel appearing for the petitioner submitted

that the first accused had been admitted at the Ganga Medical Centre,

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Crl.O.P No.20992 of 2021

Coimbatore, where the petitioner is working as a duty Doctor; the Doctor

had recorded the details given by the injured in the Accident Register

maintained by the Hospital; the injured had taken treatment in the hospital

from 18.03.2001 to 30.03.2001; the petitioner has been falsely implicated in

this case without any ground materials. A criminal case pending without any

basis against the petitioner, who is a Doctor, affects his reputation and

profession.

5.Mr.A.Damodaran, learned Additional Public Prosecutor appearing

for the first respondent submitted that the doctor had corrected the Accident

Register by inserting the following words, 'hit by an unknown vehicle while

going on a bicycle' and thereby helped the 1st accused to lay a claim for

compensation before the Motor Accident Claim Tribunal and hence, he has

been implicated as an accused in this case.

6. So far as the petitioner /4th accused is concerned, the alleged overt-

act against him is the entries made in the Accident Register. On perusal of

the Accident Register, it is seen that the petitioner had registered the

following details in the column meant for Date and site of accident:

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Crl.O.P No.20992 of 2021

"Date and site of accident"

Alleged to have been involved in a road traffic

accident (hit by an unknown vehicle while going on a

bicycle ) at Five road junction Fairlands, near

Rathnavel Gounder Kalyana Mandapam at 5PM on

18.03.2021"

7.The suspicion against the Doctor has been developed because of the

insertion of the words 'hit by an unknown vehicle while going on a bicycle'

. It is submitted by the Additional Public Prosecutor that those details were

inserted just in order to help the accused out of way. Even without the

above insertion, it can be seen that the Doctor had registered the details

about the road traffic accident only. If the contents in the Accident Register

was not mentioned as road traffic accident previously, but later corrected as

road traffic accident, there can be some reason to raise doubt on the Doctor

who registered the d