R. KRISHNA GANGA RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties taken for hearing.

(2.) This is a petition filed under Art. 226 of the Constitution of India, 1950 and Sec. 482 of Code of Criminal Procedure for quashing the FIR No. 87 of 2015 registered with Mahim Police Station for the offences punishable under Sec. 279, 338 and 304 of the Indian Penal Code.

(3.) At the outset it may be mentioned here that the Petitioner herein has relied upon the affidavits of Cline Sinclair Valadares, and Clint Sinclair Valadares, sons of the deceased Sinclair Valadares. stating that the accident was caused as their father had turned back on seeking a heavy vehicle coming towards him and in the process dashed against the motor cycle driven by the Petitioner. They have stated that the accident was not caused due to rash and negligent driving by the petitioner. They have given their no objection for quashing the chargesheet.