SUNIL RAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of rule for the Respondent- State.

(2.) By way of this petition, filed under Article 226 of the Constitution of India, the petitioner has challenged the impugned order, dtd.: 25/4/2023, passed by the learned Principal District and Sessions Court, Valsad, in Criminal Revision Application No. 16 of 2022.

(3.) The brief facts of the case are that one Parimal Dolatbhai Desai, who happenes to be the nephew of the deceased, namely Harshadbhai Manilal Desai, lodged a complaint with Dungari Police Station, Valsad, being FIR No. 11200019200787 of 2020, for the offence punishable under Ss. 279 and 304 of the Indian Penal Code, 1860, and Ss. 177 and 184 of the Motor Vehicles Act, 1988, wherein, it is alleged that on the date of the alleged offence, i.e. on 15/10/2022, while his late uncle-Harshadbhai was proceeding on his motorcycle, bearing registration No. GJ-15-BM-0404, he was dashed from behind by a car, bearing registration No. MH-02-DG-1162, which was alleged to be driven by the present petitioner.