Petitioner sought direction to police to register a new FIR and award compensation for an incident involving a school van. The Court found a case was already registered, the accused was convicted and fined, rendering the present petition infructuous. Petition dismissed.
Petitioner allowed to file a claim petition in the manner known to law.
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.
W.P.(MD)No.7799 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.11.2020
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.7799 of 2013 and MP(MD)No.1 of 2013
S.Balaji ... Petitioner
Vs. 1.The Superintendent of Police, Thanjavur District. 2.The Deputy Superintendent of Police, Papanasam, Thanjavur District. 3.The Sub Inspector of Police, Ayyampettai Police Station, Thanjavur District-614 201. 4.The Correspondent, Cresant Matriculation Higher Secondary School, Pandaravadai, Papanasam Taluk, Thanjavur District-614 204. 5.Sathiya ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents 1 to 3 to register criminal case against the 4th respondent management and 5th respondent van driver and other persons who are responsible for the crime with consequential relief of directing the 4th respondent management to pay a sum of Rs.10 lakhs as compensation and to bear the expenditure towards the education of petitioner's son. For Petitioner : Mr.C.T.Perumal
For R1 to R3 : Mrs.Anandhadevi Government Advocate (Crl.Side) For R4 & R5 : Mr.V.Chandrasekar
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W.P.(MD)No.7799 of 2013
ORDER
This petition has been filed for a direction to direct the respondents 1 to 3 to register criminal case against the 4th respondent/management and 5th respondent/van driver and other persons, who are responsible for the crime with consequential relief of directing the 4th respondent/ management to pay a sum of Rs.10 lakhs as compensation and to bear the expenditure towards the education of petitioner's son.
4.Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
5.However, the petitioner is at liberty to file a claim petition in the manner known to law.
Assistant Registrar (P & A)
// True Copy //
dss
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To
1.The Superintendent of Police, Thanjavur District.
2.The Deputy Superintendent of Police, Papanasam,
https://hcservices.ecourts.gov.in/hcservices/ Thanjavur District.
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W.P.(MD)No.7799 of 2013
3.The Sub Inspector of Police, Ayyampettai Police Station, Thanjavur District-614 201. W.P.(MD)No.7799 of 2013 and MP(MD)No.1 of 2013 24.11.2019 mr(CO) KK(07.12.2020) 3P 4C
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1 issue framed by the court
Whether directions to register a criminal case and grant compensation were necessary given the FIR and conviction were already registered?
1 provisions across 1 enactments
S.Balaji
The Superintendent of Police, Thanjavur District
The Deputy Superintendent of Police, Papanasam
The Sub Inspector of Police, Ayyampettai Police Station
The Correspondent, Cresant Matriculation Higher Secondary School
Sathiya
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
