Case Note & Summary
The petitioner, M.Ramesh, an employee of the Tamil Nadu State Transport Corporation (TNSTC), was driving a bus bearing Registration No.TN 33 N 3357 on 25.12.2025 when it met with an accident resulting in a fatality. The first respondent, Inspector of Police, Uthukuli Police Station, registered a complaint in Crime No.650 of 2025 under Sections 281, 125(a) and 106(2) of the Bharatiya Nyaya Sanhita, 2023. During investigation, the petitioner was summoned and his driving license was seized and forwarded to the second respondent, the Licensing Authority-cum-Regional Transport Officer, Avinashi. Consequently, the petitioner's employer stopped assigning him driving duties. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the second respondent to return his original driving license. The petitioner's counsel relied on a Division Bench judgment of the Madras High Court in P.Sethuram vs. The Licensing Authority, The Regional Transport Officer, Dindigul [2010 Writ. L.R. 100], which held that in case of a fatal accident, action regarding the license can be initiated only after the criminal proceedings are concluded and the court finds the licensee guilty. The respondents argued that the police were duty-bound to seize the license and forward it to the licensing authority for appropriate proceedings under the Motor Vehicles Act. The court, after hearing both sides, held that the issue was no longer res integra and applied the Division Bench judgment. It directed the second respondent to return the original driving license to the petitioner forthwith, as the criminal proceedings were still at the investigation stage and no charge sheet had been filed. The writ petition was disposed of with no order as to costs.
Headnote
A) Motor Vehicles Act - Driving License - Return of License Pending Criminal Proceedings - In case of a fatal accident, the licensing authority can initiate action against the licensee only after the criminal court finds the licensee guilty - The police cannot seize and retain the driving license during investigation - The Division Bench judgment in P.Sethuram vs. The Licensing Authority, 2010 Writ. L.R. 100, applies - Held that the petitioner is entitled to return of his driving license forthwith (Paras 7-8).
Issue of Consideration
Whether the driving license of a driver involved in a fatal accident can be retained by the licensing authority pending completion of criminal investigation and trial.
Final Decision
The court directed the second respondent to return the original driving license of the petitioner forthwith. The writ petition was disposed of with no costs.
Law Points
- Driving license cannot be seized or withheld pending criminal investigation in fatal accident cases
- Licensing authority can initiate action only after criminal court finds licensee guilty
- Division Bench judgment in P.Sethuram vs. The Licensing Authority applies
