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2025 Supreme(Online)(TEL) 3241

THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.8624 of 2025

ORDER

Heard learned counsel for the petitioner, Sri G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that even though his vehicle - EICHER, bearing registration No.AP 29 TA 5015 is not involved in any accident on 08.03.2025 on 5.53 am, the respondents-authorities are trying to implicate him in the alleged accident in the name of causing enquiry into the aforesaid incident and summoning him to the 4th respondent police station, which action of the respondents, it is contended is highly illegal, arbitrary and violative of Articles 19 and 21 of the Constitution of India.

3. Petitioner further contends that since the subject vehicle was being driven by him on the said date and was near Gandimysaimma for filling water, the involvement of the aforesaid vehicle in the accident would not be possible and thus, seeks for a direction to the respondents not to summon the petitioner.

4. Per contra, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 submits that the petitioner is the owner of the subject vehicle and has engaged a driver, who is a minor, and it is the said driver engaged by the petitioner had caused accident, resulting in death of a boy on the said date.

5. Learned Assistant Government Pleader for Home further submits that since the accident caused by the driver engaged by the petitioner has resulted in death of a boy, the authorities have registered a case, vide Crime No.211 of 2025 dt.08.03.2025, wherein the driver, who was found as driving the subject vehicle on the said date, was arrayed as accused No.1, and the petitioner, who is the owner of the vehicle, has been arrayed as accused No.2 for engaging a minor for driving the vehicle, resulting in the death of a boy.

6. Learned Assistant Government Pleader for Home further submits that it is for the purposes of investigation into the aforesaid crime, the authorities have summoned the petitioner.

7. I have taken note of the respective submissions made.

8. Admittedly, the subject vehicle, which belongs to the petitioner, is alleged to have been involved in causing accident resulting in death of a boy.

9. Though on behalf of the petitioner it is contended that the CCTV footage does not show the vehicle of the petitioner being involved in the aforesaid crime, the fact of the petitioner engaging a minor to drive the subject vehicle, cannot be denied, as the petitioner in his representation itself admitted to the fact of he engaging a driver.

10. Since, the respondents-authorities have registered a case, vide Crime No.211 of 2025, wherein the petitioner and driver engaged by him are arrayed as accused Nos.1 and 2, this Court is of the view that the respondents-authorities are to be directed to cause investigation into the aforesaid crime registered, strictly in accordance with law.

11. Subject to above direction, the Writ Petition is disposed of. No order as to costs.

12. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ T. VINOD KUMAR, J Date:21.03.2025 GJ

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