PRANAV GOEL Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Shri M. Amonkar, learned Additional Public Prosecutor waives service on behalf of respondent no.1. Notice to respondent no.2 is dispensed with for the reasons stated hereinafter.

(2.) This petition is filed under Section 482 Criminal Procedure Code for quashing of criminal case no.37/S/2011/B pending in the Court of Judicial Magistrate First Class at Quepem. The petitioner is facing charge for offences punishable under Section 279 and 338 Indian Penal Code. It is a State prosecution.

(3.) The brief facts of the case are that on 14th January, 2011 an accident occurred at Paddi Bus Stop between two vehicles i.e. the car being driven by the petitioner and the motorcycle being driven by respondent no.2. A complaint was then filed against the petitioner of driving his car in a rash and negligent manner and dashing it against the motorcycle causing grievous injury to the motorcycle driver. It is the case of the petitioner that he is serving as a sub-lieutenant in Navy and resides at Pune. He had come to Goa on a holiday where the accident described above took place. According to the petitioner it was a pure and simple accident and there was no rashness and negligence on his part in driving the car.