NARHAR SUPDU BHADANE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed for setting aside and quashing of the first information report of CR No.39/2010 registered with Pimpalner Police Station against petitioner No.1 for offences punishable under sections 279, 338 etc. of Indian Penal Code and section 184 of the Motor Vehicles Act . Relief is also claimed for giving direction to respondent Nos.3 to 5, concerned police station and their superior officer to register crime on the basis of statement given by petitioner No.2 dated 17-5-2009 and relief is also claimed for giving direction against respondent No.1 for starting departmental action against the concerned police officers of Pimpalner Police Station for dereliction of duty, for not taking proper action. Learned counsel for the petitioners and learned Additional Public Prosecutor are heard.

(2.) It is the case of the petitioners who are husband and wife that on 17-5-2009 at about 10.00 a.m. they were proceeding towards Nampur from Pimpalner side on a motor cycle with their daughter aged about 6 years. It is their contention that when the motor cycle was proceeding by the side of Shelbari Canvas Police Help Centre and when the motor cycle was on correct side of the road, police jeep of Pimpalner Police Station attempted to overtake from the right side of the motor cycle and the accident took place. It is their case that due to the dash given to motor cycle from back side, all the three persons who were present on the motor cycle were virtually thrown away and due to that petitioner No.1 sustained grievous injuries and their daughter Purva also sustained injuries. It is their case that husband, petitioner No.1, was required to undergo operation and treatment was required to be given including operation to Purva.

(3.) It is the case of the petitioners that as the jeep of Pimpalner Police Station was involved in the accident, police created false record and they registered the crime against petitioner No.1 in respect of the accident. It is their contention that even when the statement of petitioner No.2 was recorded in the hospital from Dhule by police of Azadnagar Police Station, Dhule, that statement was not sent to Pimpalner Police Station and no crime was registered against the driver of the police jeep. It is the contention of the petitioners that false record is created against petitioner No.1 and so the F.I.R. needs to be quashed and set aside.