THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2890 of 2011 Dated:30.11.2011 Between: The New India Assurance Co., Ltd., Rep.by its Divisional Manager, Rajahmundry. …Petitioner and Lanka Raju, S/o.Deveedu, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2890 of 2011 ORDER: The New India Assurance Company Limited is respondent No.3 in O.P.No.398 of 2008 on the file of the Court of the VI Additional Motor Accidents Claims Tribunal, (VI Additional District Judge), East Godavari, Rajahmundry. The said O.P was filed by the first respondent herein against respondent Nos.2 and 3 claiming compensation for the injuries sustained by him in a motor accident allegedly involving tractor bearing No.AP 37 M 5183 and lorry bearing No.AP 21 W 1515. Other claimants also filed other O.Ps, which are pending. The petitioner herein is disputing the involvement of lorry in the accident. To prove the same, they want to examine the Inspector of Police, Rajahmundry, who investigated the crime. Therefore, they filed an application, being I.A(SR).No.1165 of 2011 under Order XVI Rule 1 of the Code of the Civil Procedure, 1908, to summon the Inspector of Police, Sri L.Ankaiah. The said application was dismissed by the Court below by an order dated 10.06.2011. This is assailed in this petition under Article 227 of the Constitution of India. This Court has perused the impugned order passed by the Court of the VI Additional District Judge, Fast Track Court, East Godavari, Rajahmundry. On the ground that the Sub Inspector of Police deposed about the investigation, the application was denied. When it was the Inspector of Police who was the Investigating Officer, merely because Sub Inspector was examined, the application cannot be rejected. Therefore, this Court is inclined to set aside the order of the Court below. Accordingly, the order in I.A (SR).No.1165 of 2011 in O.P.No.398 of 2008 is set aside. The said application shall stand allowed and the Court below shall issue summons to the Inspector of Police, Rajahmundry, Sri L.Ankaiah, to give evidence as witness. The Civil Revision Petition is accordingly allowed without any order as to costs. _______________ (V.V.S.RAO, J) 30.11.2011 vs