LAWS(KAR)-2021-8-29

ALIRAZA Vs. STATE OF KARNATAKA

Decided On August 10, 2021
Aliraza Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed by accused No.2 seeking set aside the impugned orders dated 05.05.2018 passed in Crl.R.P.No.171/2017 of V Additional District and Sessions Judge, Dharwad, sitting at Hubballi and order dated 09.11.2017 passed in C.C. No.105/2015 by I Additional Senior Civil Judge, Hubballi and quashing the entire proceedings in C.C. No.105/2015 (Crime No.18/2014 of East Traffic Police Station, Hubballi) pending on the file of Principal Senior Civil Judge and JMFC, Hubballi so far as petitioner is concerned.

(2.) Heard the Learned counsel for the petitioner and the learned Additional SPP for respondent/State.

(3.) The brief facts of the case are that on 19.03.2014 at 9.50 p.m. accused No.1/driver of tanker lorry bearing registration No.KA-26-A-2611 came from court circle to Brundavan circle, Dharwad drove the vehicle in rash and negligent manner and dashed to one Sri. Suleman Abdul Ajij Munavalli, who was standing by the side of the road. As a result of the accident, said Suleman succumbed to the injuries sustained in the accident. The Police registered the case in Crime No.18/2017 for the offence punishable under Section 279, 304A of IPC. After investigation, the Police have filed charge sheet for the offence under Sections 279, 304A of IPC and Section 180 and 181 of Motor Vehicles Act, 1988 (for short 'M.V. Act').