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Tamil Nadu Police is chastised by the Madras High Court for their inadequate investigation of car accident cases

The Tamil Nadu Police Department has come under fire from the Madras High Court for its poor motor vehicle accident investigation practices and disregard for the deadline for submitting the charge sheet.

A division bench of Justices R Subramanian and N Senthilkumar recently ordered the Police department to make sure that the final reports (charge sheets) are filed within the time frame contemplated under section 468 of CrPC, 1973, and to issue an appropriate circular to all investigating officers stressing the need for filing the final reports on time. The bench took serious views on the shortcomings in the investigation and the failure to file a charge sheet in a criminal court regarding a fatal road accident.

The judge further ordered the Department to pursue legal action against the individuals who neglected to timely submit the charge sheets.

“In cases where an officer fails to comply with the provisions of section 173 (2) (i) within the time limit stipulated under Section 468 of CrPC, the Police Department shall ensure that appropriate disciplinary action is taken.”

As part of the dismissal of their appeal, the children of K Arulappan, the victim who died in an accident outside the Madhavaram milk plant in 2009, challenged a tribunal’s decision to dismiss their motor vehicle accident claim petition, claiming that the vehicle that was shown to have caused the accidents—in which their father was killed—was actually a police vehicle planted to support the claim.

They petitioned for compensation in the amount of Rs. 27 lakh. Nevertheless, the charge sheet pertaining to the case had not been submitted to the criminal court by the investigating police.

The bench voiced worry about the inadequate inquiry into traffic accidents and pointed out that poor inquiries lead to the booking of incorrect cars. “We find that the number of cases where police deliberately place cars in accidents in collusion with victims of road accidents has significantly increased in the recent past.”

The bench requested that the state government “have a re-look into the scheme for payment of compensation for victims” of hit-and-run accidents, citing the fact that vehicles that are not involved in the accident are booked to claim better compensation because of the “terribly low” compensation provided by the state for victims of hit-and-run accidents.

The court also observed that it has authorized online charge sheet submission and instructed the DGP to make sure charge sheets are filed within the allotted period.

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