KAMLESHBHAI MAVJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicant - original complainant has prayed for the following reliefs:-

(2.) Heard Mr. Pitamber Abichandani, learned advocate appearing on behalf of Mr. Ekant Ahuja, learned advocate for the applicant - original complainant and Mr. Dhawal Jayswal, learned APP for the respondents.

(3.) Mr. Pitamber Abichandani, learned advocate for the applicant - original complainant has drawn my attention towards the photographs annexed with the present petition at Page 54 onwards, whereby it transpires that the accident pursuant to which FIR is registered, was occurred on the bridge near Iscon Temple and the speed limit is 40 km, where sign-board is also placed on the road-side to show the same is 'accident prone zone' by suggesting to go slow on the said portion of the area. The speed limit 40 k.m. i.e. maximum speed limit as per the requirement of the Motor Vehicle Act as indicated for this specific areas of the road. He has also drawn attention towards the further affidavit filed by the present application and photographs annexed with the further affidavit, where the position of the vehicle i.e. Active GJ-01-JY- 4619 is there, where the car has damaged the two wheeler from the left side. It also transpires that at the time of accident, the car turned turtle, jumped the divider and lying on the other-side of the road. Therefore, he has submitted that in view of the judgment of the Hon'ble Apex Court reported in AIR 2019 SC 4954, he has referred to various paragraphs, more particularly, para-5 and other paragraphs. He relied on observations made in para-5.13 of that very judgment. He has also drawn attention that complainant has also furnished C.D. of the said accident to the Investigating Officer. Therefore, he has submitted that appropriate action be taken by directing the respondent authority by allowing this application. He has also drawn attention towards the panchnama drawn for place of offence, whereby, the position of the vehicle is mentioned and by pointing out the same, he has submitted that the offending vehicle has turned turtle after occurrence of accident and jumped the divider and went on the other-side, which itself shows that the speed of the offending vehicle, which driven by the accused, is very excess. Therefore, he prays to allow the application by issuing appropriate direction.