SATYA SAAI RAM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner/A1 facing trial in C.C.No.476 of 2024 for offence under Ss. 106(1) & 281 of BNS before the learned Judicial Magistrate No.I, Poonamallee, has filed this quash petition.

(2.) Case of the prosecution is that on 4/8/2024 at about 10.45 a.m., the petitioner was riding his motorcycle viz., Kawasaki Ninja bearing Registration No.TN 02 BX 0070 from south to north on Tambaram -Puzhal Bypass Road. While he was near Porur Lake dam, one Kumaran, husband of the defacto complainant/2nd respondent was riding his TVS Jupiter bearing Registration No.TN 12 AZ 4740 from north to south on the same road on the opposite direction, took U-turn through unauthorised broken median and suddenly intruded into the petitioner 's path. The petitioner's motorcycle was hit by the TVS Jupiter and accident occurred and the rider of TVS Jupiter was thrown onto middle of the road. At that time, Maruti Swift car bearing Registration No.TN 09 CQ 7791, driven by A2, coming from behind proceeding from south to north, came in a rash and negligent manner and ran over the rider of TVS Jupiter, thereby, caused injuries on his head, knee, left leg fractured and blood oozed from face and nose and he died on the spot. On the complaint lodged by the 2nd respondent, the respondent Police registered an FIR in Crime No. 465 of 2024 for the offences under Ss. 281 and 106(1) of BNS against the petitioner/A1 and A2, visited the scene of occurrence and prepared the Observation Mahazar and Rough Sketch in presence of witnesses. The petitioner/A1 was also severely injured in the accident and rushed to Kilpauk Medical College and Hospital, Chennai, where LW9 Casualty Doctor gave treatment. Thereafter, shifted to Vihaa Hospital, Anna Nagar, Chennai for further treatment where LW10 treated him. The respondent Police examined the witnesses present in the scene of occurrence, recorded their statements, conducted inquest on the body of the deceased, sent the body for postmortem examination, and sent the two motorcycles and the car involved in the accident to the Motor Vehicle Inspectors, who examined the vehicles and issued the Motor Vehicle Inspection Reports. On the conclusion of investigation, the respondent Police filed charge sheet before the trial Court listing LW1 to LW15 and documents.

(3.) Learned Senior Counsel appearing for the petitioner submitted that the accident took place on Tambaram-Puzhal Bypass Road. When the petitioner was riding his Kawasaki Ninja motorcycle near Porur Lake dam, the deceased, Head Constable attached to T15 SRMC Police Station, Chennai, and the husband of the 2nd respondent, was riding TVS Jupiter in the opposite direction, i.e., from north to south and took U-turn using unauthorised broken median, where he is not supposed to enter, and suddenly intruded into the petitioner's path and dashed against the petitioner's motorcycle. In result, the petitioner was thrown off the motorcycle and sustained grievous injuries. During this impact, the deceased was also thrown onto middle of the road and, a Maruti car, which was coming from behind, ran over the deceased. Learned Senior Counsel further submitted that the petitioner himself a victim due to the accident and he is not the reason for the accident. According to the petitioner, the accident occurred solely due to the act of the rider of TVS Jupiter, who violated the traffic rules by taking U-turn using broken median and cutting across the bypass road made sudden unauthorised entry, giving no time to react and thus the accident occurred solely due to the negligence of TVS Jupiter, rider of the deceased. He further referred to Rough Sketch wherein it is clearly recorded that "cilf;fg;gl;oUe;j kj;jpa gFjp " which confirms that the median broke open and the deceased entered using unauthorised broken median in violation of the traffic rules. Hence, the deceased is the reason for the accident.