1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2011 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.O.P.(MD).No.13870 of 2011 and M.P.(MD) No.1 of 2011 Tamil Nadu State Transport Corporation Virudhunagar Rep. by its General Manager, P.Mohammed Saleem : Petitioner -Vs- 1.The State Rep. by Inspector of Police, Chokkampatti Police Station, Tirunelveli District. 2.Yamaiah : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to the F.I.R. in crime No.122 of 2011 dated 18.04.2011 on the file of the Chokkampatti Police Station, Tirunelveli District and quash the same. For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.P.Kandasamy, Govt. Advocate for R1 O R D E R Seeking to quash the F.I.R. in Crime No.122 of 2011 on the file of the first respondent police, the petitioner has come up with this petition. 2. According to the F.I.R., there was an accident on 17.04.2011, in which two persons, by name Sivasankar and Thirumalaivelu, died. In respect of the said occurrence, on the complaint of the second respondent herein, the present case in Crime No.122 of 2011 has been registered under Section 304 A I.P.C. In the F.I.R itself, it has been stated that the driver of the vehicle was not noticed by the defacto complainant. It is this F.I.R., which the petitioner wants to quash. 3. According to the petitioner, in the said accident, the vehicle belonging to the petitioner, State Transport Corporation, did not involve. However, on one occasion, the Investigating Officer https://hcservices.ecourts.gov.in/hcservices/ 2 wanted the Corporation to produce a bus on the assumption that the said bus was involved in the accident. Based on the same, according to the petitioner, the Corporation bus is likely to be included in the case. It is for this reason, the petitioner, Tamil Nadu State Transport Corporation, has come up with this petition to quash the F.I.R. 4. In my considered opinion, the prayer is not only strange, but also shocking. This is a classic example, as to how the process of Court could be abused. Admittedly, when two persons have last their lives in an accident and when there is also a case registered in respect of the same rightly under Section 304 A I.P.C, but necessarily, the case is to be investigated. If it is the case of the petitioner that the vehicle belonging to the petitioner Transport Corporation did not involve in the accident, he can very well participate in the investigation and explain to the Investigating Officer and work out his remedy in the manner known to law. This can never be a ground to quash. The case has to be necessarily investigated. It is for these reasons, I hold that this petition suffers from clear abuse of process of law. 5. In such view of the matter, this petition is liable to be dismissed and accordingly, dismissed. Consequently, connected miscellaneous petition is also dismissed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1.The Inspector of Police, Chokkampatti Police Station, Tirunelveli District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD).No.13870 of 2011 20.10.2011 vsm NSV/15.11.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/