PRAVEENKUMAR Vs. INSPECTOR OF POLICE, SOLAVANDAN POLICE STATION

JUDGEMENT

(1.) This petition has been filed to call for the records relating to the charge sheet in Crime No.205 of 2017 on the file of the 1st respondent and quash the same as illegal.

(2.) The case of the prosecution is that on 10/5/2017, at about 02.00 p.m., the petitioner herein drove a two wheeler bearing Registration No.TN- 57-F-3136, with deceased Sanjay Kumar and Bhuvaneshwarapandian, Rithikasri and Pradeshkumar as pillion riders proceedings towards Nagari from Solavandan. When they reached near ITC school, the bike fell down in a ditch due to rash and negligent driving of the petitioner. As a result, the deceased namely Pradeshkumar sustained head injuries and other sustained small injuries. Thereafter, they were taken to the hospital. But, the deceased/Pradeshkumar died. Based on the complaint given by the father of the deceased, a case in Crime No.205 of 2017 under Ss. 279, 337, 304(A) of IPC was registered on the file of the first respondent, which is pending for investigation.

(3.) Pending investigation, this petition came to be filed by the petitioner challenging the allegation made in the First Information Report mainly on the ground that the accident took place on 10/5/2017 and even after a lapse of two years, the Final Report has not been filed so far. Apart from this ground, it is also stated that on the date of occurrence, the petitioner was only aged about 17 years. Therefore, he was a juvenile at the time of the alleged occurrence. It is also stated that the allegation mentioned in the First Information Report does not attract in any of the ingredients under Sec. 279, 337, 304(A) of IPC.