RAJENDRAN Vs. STATE

JUDGEMENT

(1.) The Criminal Revision Case has been filed by the Petitioner/Accused, seeking to set aside the Judgment dated 26.09.2013 in C.A.No.58 of 2013 on the file of the learned III Additional District and Sessions Judge, Salem, modifying the fine amount imposed in the Judgment dated 23.05.2013 in S.T.C.No.382 of 2012 on the file of the learned Judicial Magistrate No.111, Salem and to allow the Criminal Revision Case.

(2.) The case of the prosecution is that on 05.02.2012 at about 13.30 hours at Salem City, four roads to New bus stand Main Road in the Periyar Over bridge within the limit of Hasthampatti Police Station, when the defacto complainant along with his two sons was riding his two wheeler Hero Honda Pleasure, vehicle bearing Registration No.TN.30D1687, the accused / petitioner who had driven his Inn ova car bearing Registration No.TN.30G0313 by overtaking the another vehicle had come in a rash and negligent manner and hit against the two wheeler driven by the defacto complainant, due to the impact, the defacto complainant and his two sons fell down and sustained injuries.

(3.) On the complaint given by P.W.I / defacto complainant, the respondent police registered a case in Crime No.84 of 2012 for the offences under Section 279, 337(2) and 338 IPC against the Revision Petitioner / accused. After completion of investigation, final report was filed. On receipt of the Final Report along with the relevant documents, the case was taken cognizance in S.T.C.No.382 of 2012, on the file of the learned Judicial Magistrate No.111, Salem and summons were issued to the accused / Revision Petitioner.