PRASHANT G KARANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the parties.

(2.) THIS petition arises out of a F. I. R. which has been written by Respondent No. 3 Kondaji Shivram Sabale, Head Constable, then attached to Sangameshwar Police Station, Taluka Sangameshwar, District Ratnagiri, in context with the incident which took place on 2. 1. 1997 at about 2. 30 p. m. at the spot which was near "dhamani" petrol pump on high way leading towards Mumbai from Ganpatipule side. The Petitioner Prashant Karande, advocate was travelling by his car of Fiat make bearing No. MH-01-P-6409 when he was returning from Ganpatipule and was going to Mumbai along with his wife, mother-in-law and sister-in-law. He was driving the said car as contended by him at the speed of 40-50 kms per hour. It is the averment of Shri Karande, the petitioner, that on account of some oil present on the road, the car skidded and collided a nilgiri tree resulting in an accident in which his mother-in law, sister-in-law, wife and he himself sustained injuries. As law abiding citizen he went to Sangameshwar Police Station and gave the information about the said accident when respondent No. 3 Kondaji Sabale, Head Constable, was police station officer of Sangameshwar Police Station. He recorded the information given by Shri Karande and thereafter wrote his own FIR in which he alleged that Shri Karande was driving the said car rashly and negligently and thereby he committed the offence punishable under Section 279, 337 and 427 of IPC, Shri Rane, Respondent No. 2, believing on the work done by Shri Kondiba Sabale, Head Constable Respondent No. 3, forwarded a charge sheet against Shri Prashant Karande, Advocate to the Court of JMFC, Deorukh. Shri Prashant Karande was required to attend the said court and was required to obtain the bail order from the said Court. Being aggrieved by that, he filed this criminal writ petition making a prayer for getting a writ of certiorari in his favour quashing the said FIR, the said criminal proceeding arising out of C. R. No. 4/97 C. C. No. 190 of 1997.

(3.) SHRI Karande, the petitioner, submitted that the FIR which has been written by Shri Sabale does not show any where that Shri Karande was driving the said car rashly and negligently. Only there happens to be a sentence which has been interpolated in between two lines which does not have any context or connection whatsoever with those two lines in between which are in existence. He submitted that because of the said FIR and because of the said charge sheet a criminal case has been initiated against him and he has been unnecessarily, improperly and illegally arraigned as an accused before a criminal Court. He submitted that it has caused a mental shock to him and a dent to his reputation. He submitted that in the interest of justice the said FIR, the said charge sheet and the said criminal case need to be quashed.