RAHUL VINOD AGARWAL Vs. SR INSPECTOR OF POLICE

JUDGEMENT

(1.) This is a petition for quashing the proceedings before the learned Metropolitan Magistrate, 40th Court, Girgaum, Mumbai in case No.307-P of 1995. In that case the petitioner has been prosecuted for offences under Ss.279 and 338 IPC.

(2.) One Nandlal S.Joshi, a milk dealer, along with his companion Ganesh Vyas was proceeding on 14.9.1995 at 4.45 a.m. towards Walkeshwar. Since there was a hump both of them were walking along the road with the cycles with milk cans attached to them. Near Parsi Agiary, Om Vikas Tower, one Maruti car of white colour came from back side in speed and dashed against Nandlal Joshi whereby he fell down and the milk cans also fell down and the milk spilled over. He was seriously injured in that incident and on the basis of these facts first information report came to be lodged in Malabar Hill police station. After the investigation, a charge-sheet has been filed for the offences as aforesaid against the petitioner who was driving the car.

(3.) Learned counsel for the petitioner submitted that nowhere in the statement of injured Nandlal Joshi as also in the statement of Ganesh Vyas there is any whisper about rash and negligent driving by the petitioner. As such, it is contended that the offences that are alleged against petitioner are not at all made out. Further, it was pointed out from the averments in this petition that with a view to avoid some other car coming from the opposite side, the petitioner had to turn his car and in that met with an accident. Appreciating the statements of the injured and witnesses in this fashion and considering the defence of the petitioner in this fashion, is not permissible while exercising power under S.482 Cr.P.C. and that really is not the function of the High Court. To do so is nothing but to hold a trial of the case against the petitioner and find out the guilt or otherwise of the accused by reference to police statements and the defence as made out. I think that the petition is misconceived and will have to be dismissed.