Petitioner, a state transport driver, filed a writ for return of seized driving license following a bus accident. Court held license cannot be impounded prior to criminal conviction and directed its return.
Respondent directed to return petitioner's original driving license within one week of receiving a copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.25014 of 2018
A.Alagar
... Petitioner
Vs
The Regional Transport Officer, The Regional Transport Office, Pudukkottai.
... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to return my driving license bearing D.L.No.TN55-19860001316 forthwith.
For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Mu.Muthu Additional Government Pleader
ORDER
The writ petitioner is working as a driver in Tamil Nadu State Transport Corporation, Kumbakonam. Now he is presently working in the Aranthangi Branch of Pudukkottai Region of the corporation. The bus driven by the petitioner got involved in an accident on 02.12.2018. In this regard, Crime No.218 of 2018 was registered on the file of the Pudukkottai police station under Section 304 (A) of IPC. The petitioner's original driving license has been seized.
2.This Court has consistently held that so long as the guilt of the delinquent is not established before the Criminal Court, the question of impounding the driving license will not arise.
3.Therefore, the respondent is directed to return the petitioner's original driving license within a period of one week from the date of receipt of a copy of this order.
4.Accordingly, this writ petition is allowed. No costs.
Sd/Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar(CS-IV)
2
To
The Regional Transport Officer, The Regional Transport Office, Pudukkottai.
W.P.(MD)No.25014 of 2018
19.12.2018
PNN
SPSV SAR4 21.12.2018 2P 4C
1 issue framed by the court
Whether the driving license of a driver accused in a criminal case under Section 304(A) IPC should be impounded before guilt is established by a criminal court.
1 provisions across 1 enactments
A.Alagar
The Regional Transport Officer, The Regional Transport Office, Pudukkottai
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
