KHIZZER AKHTAR SHAH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Learned APP appearing for the Respondent/State waives service. This is an application under Section 482 of the Code of Criminal Procedure, 1973 ('Code') preferred by the Applicant challenging the criminal proceedings arising out of CR No. 75 of 2014 registered with Shivaji Park Police Station for offence punishable under Section 279 of Indian Penal Code ('IPC') and Section 184 of Motor Vehicles Act, 1988 ('the Act')

(2.) Brief facts of the prosecution case are as follows.

(3.) The Applicant has challenged the said proceedings by invoking inherent power of this Court under Section 482 of the Code. It is submitted by the learned Counsel appearing for the Applicant that prima facie, the FIR does not make out any of the alleged offences. It is further submitted that it is an abuse of the process of law to prosecute the Applicant on the basis of the impugned FIR. It is also submitted that the entire charge-sheet does not make out the offence either under Section 279 of the Code or under Section 184 of the Act.