JAHAAN MINOO DASTUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Taken up for disposal.

(2.) By this petition filed under Article 226 of the Constitution of India and sec. 482 of the Code of Criminal Procedure, 1973, the Petitioner is seeking to quash the proceedings in CC No.482/PS/16 pending on the file of Additional Chief Metropolitan Magistrate, 38th Court, Ballard Pier, Mumbai arising out of CR No.355/2015 registered on 23/10/2015 by the MRA Marg Police Station on the complaint filed by Respondent No.2.

(3.) The FIR was filed by Respondent No.2- Complainant on the following allegations: The Complainant had a case to attend to in this Court. After finishing his case in the court, he was travelling on his motorcycle on Homi Modi Street in the Fort area of the City. At that time, a car in front of him stopped, and the person sitting in the back seat (the Petitioner) opened the door. As the front wheel of the motorcycle hit the door, the Complaint lost his balance and fell down and the left side door of the car hit his right cheek. Complainant received injuries on the head, right cheek, shoulder and neck. The Complainant and the person in the car approached Hutatma Chowk Police Chowky, where a preliminary inquiry was conducted. Complainant requested aid from the Petitioner but the Petitioner went away from that place. Thereafter, on 23/10/2015, an FIR bearing No.355/2015 came to be filed under sec. 337 of the Indian Penal Code. On 26/4/2016, a charge sheet was filed by the MRA Marg Police Station in the Court of Additional Chief Metropolitan Magistrate, 38 the Court, Ballard Pier, Mumbai. After that, the Petitioner filed the present petition seeking to quash the proceedings.