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2023 Supreme(Online)(MAD) 5766

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SATHISH KUMAR
K.Senthilkumar – Appellant
Versus
Inspector of Police – Respondent


O R D E R

This Writ Petition has been filed to issue a Writ of Certorarified Mandamus directing the 2nd Respondent to return the original driving licence (DL.No.TN36

20090001342) to the petitioner forthwith.

2.a. It is the case of the Writ Petitioner that he is a Driver of Tamilnadu State Transport Corporation of Coimbatore. On 10.12.2022 while he was driving the bus bearing registration No.TN-38-N-3271 met with an accident due to which a motor cycle rider died. Pursuant to the accident the 1st Respondent registered a case against the petitioner in Cr.No.294 of 2022 under Sections 279 & 304-A IPC and forwarded the FIR to the Judcial Magistrate, Dharapuram.

2.b The first respondent while registering the FIR, collected the original driving licence of the petitioner, retained the same and on 12.12.2022 sent it to the 2nd Respondent and recommended to cancel the licence. The 2nd Respondent has not taken any penal action against his driving licence since the criminal case against the petitioner is pending investigation. The petitioner has not convicted by the criminal court for rash and negligence driving. Therefore, it is his contention that unless the criminal court convicts him the tran

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