MULCHAND MOTILAL RAKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner challenges the legality, propriety and correctness of the order made on 3-5-1991 by the learned Judicial Magistrate (First Class) Jamner, dis-charging the respondent No. 2-accused of the offences punishable under sections 279 and 337 of the Indian Penal Code by invoking provisions of section 258 of the Code of Criminal Procedure (for short, the Code ).

(2.) THE petitioner filed his complaint with Jamner Police and on basis of which Crime at Cr. o. 81 of 1991 was registered for the aforesaid offences. It was alleged that on 22-3-1991 at about 8. 15 p. m. the petitioner with his servant, was coming back to his home after closing the shop. While they were walking on road, one jeep bearing Registration No. MPO/978/5860 dashed them. The jeep was driven by the respondent No. 2. He did not stop the jeep but drove it in fast speed towards petrol pump road. The petitioner got injured. He was treated in the private hospital. On basis of the complaint of the petitioner, the police filed Summary Criminal Case No. 179 of 1991.

(3.) THE respondent No. 2 filed his application under section 258 of the Code and sought his discharge on the ground that no offence under sections 279 and 337 of the Indian Penal Code was made out, as according to him, it was a mere accident due to failure of breaks.