BABITA PAWAN JHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. The matter is heard finally with the consent of the parties.

(2.) On 17/8/2022, the Petitioner lodged a complaint against unknown persons/truck driver for causing the death of her son, who was riding a two-wheeler scooter bearing No. MH-05-EF-4731. The incident took place near Raunak Masjid, New Link Road, Malad, Mumbai. Pursuant thereto, Bangur Nagar Police Station registered C.R. No. 651 of 2022 dtd. 17/8/2022, under Ss. 209 and 304-A of the IPC and Ss. 134(A) and 134(B) of the Motor Vehicles Act, 1988.

(3.) As per the FIR, a speeding truck hit the scooter from behind, causing the Petitioner's son to fall. His helmet was dislodged, and he was subsequently run over by the truck. At the time of the incident, the Petitioner was riding a separate two-wheeler along with Mr. Naveen D'Costa, while her son was on scooter bearing No. MH-05-EF-4731. The Petitioner, being in a state of shock and horror, could not note down the number plate of the offending truck.