LAWS(APH)-2015-3-73

A VINOD Vs. STATE OF TELANGANA

Decided On March 25, 2015
A Vinod Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) HEARD .

(2.) PETITIONER questions the memo dated 18.02.2015 filed by respondent No.1 before the Judicial Magistrate of First Class, Kaikaluru, seeking alteration of FIR originally filed under Sections 304 -A and 337 IPC to be altered to Section 304(II), 337 read with 34 IPC read with Sections 3 and 4 read with 181, 190 and 134(A) r/w 187 of Motor Vehicles Act.

(3.) FACTS , in brief, are that the Village Revenue Officer, Pedapalaparru Village, gave a complaint to the Station House Officer, Mudinepalli Police Station, regarding an accident which occurred at Peddapalaparru village, within the limits of Mudinepalli police station. Based on the said complaint, the Station House Officer registered a case in Crime No.24 of 2015 dated 01.02.2015 against the driver of the lorry for the offences under Sections 304 and 337 IPC and the said crime was under investigation. Petitioner states that he is the owner of the lorry, in question, and that he is carrying on transport business and owns several lorries. Petitioner states that he employs drivers of the lorry, who are having valid driving licences and the vehicles are also kept in order along with the vehicle fitness certificates. While so, he states that during investigation, respondent No.1 filed impugned memo dated 18.02.2015 seeking to include petitioner as A2 by altering Section 304 -A to 304(II) IPC.