Madras High Court
B.Irshat Ahmed vs The State Rep. By on 4 February, 2022
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
W.P.No.1788 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.1788 of 2022
B.Irshat Ahmed ... Petitioner
Vs.
1.The State Rep. by
The Director General of Police,
O/o. Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
2.The Commissioner of Police,
Greater Chennai City Police,
Vepery, Chennai – 600 007.
3.The Additional Commissioner of Police (Traffic)
O/o.The Commissioner of Police,
Greater Chennai City Police,
Vepery, Chennai – 600 007.
4.The Inspector of Police (Traffic),
R-7, K.K.Nagar Police Station,
Chennai – 600 078. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India
to issue a Writ of Mandamus, directing the respondents to cancel the
drunk and drive case in chellan number TN14212211115001646 dated
15.11.2021 on my vehicle number TN05 AW 9876 by passing orders on
the representation dated 24.12.2021.
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https://www.mhc.tn.gov.in/judis
W.P.No.1788 of 2022
For Petitioner : Mr.S.Lingesh
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor.
ORDER
This Writ Petition has been filed to direct the respondents to cancel the drunk and drive case in challan number TN14212211115001646, dated 15.11.2021, on the vehicle number TN05 AW 9876, by passing orders on the petitioner's representation dated 24.12.2021.
2.The grievance of the petitioner is that he had sent representation through post on 24.12.2021 to the respondents, but no action has been taken. Hence, the petitioner has filed this writ petition. The complaint is that the petitioner's unlce, B.Mohamed Younus of Perambur, had purchased a Honda Dio Vehicle Grey Colour, bearing registration No.TN05AW9876 and Engine No.JF39E70100953 and Chassis No.ME4JF392CE7100930 from Taramani second hand two wheeler shop. Thereafter, the vehicle was transferred to the petitioner's uncle name, on 25.09.2020, at Perambur RTO and till date, the vehicle stands Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.1788 of 2022 in the name of the petitioner's uncle B.Mohamed Younus. On July 2021, the petitioner's uncle went to Portugal Country for employment and thereafter, the petitioner is entrusted with the vehicle along with the registration certificate. The petitioner later came to know that one A.Balaji was issued a challan number TN14212211115001646, for drunk and drive by the R-7, K.K.Nagar Police Station. The petitioner was shocked to know that the petitioner's vehicle number reflected in the challan issued by the R-7, K.K.Nagar Police Station. The abovesaid A.balaji forged the number plate and driving the bike. The petitioner informed the same to the respondent police, but no action has been taken. Further, the said A.Balaji is a known offender, having several cases against him. In support of his contentions, the petitioner had produced the photo of the bike parked in the R-7, K.K.Nagar Police Station. The petitioner also produced the copy of the registration certificate and insurance of the Bike and hence, sought for directions.
3.The learned Additional Public Prosecutor submits that the petitioner had sent complaint through post only. Unless the petitioner Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.1788 of 2022 appears in person along with the supporting documents, the same cannot be verified.
4.The learned counsel for the petitioner on instructions submits that the petitioner shall appear before the respondents on 15.02.2022, along with the vehicle documents and with his Honda Dio Bike.
5.In view of the same, the third respondent to cause enquiry, verify the particulars and also physically examine the vehicle produced by the petitioner and also the vehicle available with the R-7, K.K.Nagar Police Station and thereafter, to take appropriate action against the offenders and also find out the laxity of the R-7, K.K.Nagar Police Station for not verifying the vehicle's particulars with the Vahan Software which is an approved software for verifying the particulars of the vehicle. The entire exercise to be completed within a period of three weeks. Accordingly, this writ petition is disposed of. No Costs.
04.02.2022 Index: Yes/No Internet: Yes/No sli Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.1788 of 2022 To
1.The Director General of Police, O/o. Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.
2.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai – 600 007.
3.The Additional Commissioner of Police (Traffic) O/o.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai – 600 007.
4.The Inspector of Police (Traffic), R-7, K.K.Nagar Police Station, Chennai – 600 078.
5.The Public Prosecutor, High Court, Madras.
Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.1788 of 2022 M.NIRMAL KUMAR, J.
sli W.P.No.1788 of 2022 04.02.2022 Page No.6 of 6 https://www.mhc.tn.gov.in/judis