MEENA RAI Vs. TATE OF M.P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is submitted by the counsel for the petitioner that the husband of the petitioner was going to Gwalior to his Village Fatehpur on motorcycle bearing registration no.M.P.-07-MC-4162. On the way, one motorcycle bearing registration no. M.P.-07-MM-0884 collided with the motorcycle of the husband of the petitioner because the driver of the offending motorcycle was driving the same in a rash and negligent manner, as a result of which the husband of the petitioner died during the treatment. FIR was lodged by the Nawab Singh Parihar on 8.3.2019 at Police Station Antri, District Gwalior for the offence under sections 279 , 337 of IPC. It is further submitted that the petitioner has filed the claim petition, which is pending before Fifteenth Motor Accident Claims Tribunal in Claim Case No.1302/2019. It is submitted that the respondent no.3 has not filed the charge-sheet before the concerning Court, as a result of which the claim petition of the petitioner has not proceeded further and is lying stagnated at the stage of filing of written statement by the insurance company. An application was also filed by the petitioner before the respondent no.2 on 12.12.2019 for adding the offence under section 304A of IPC as well as to file the charge-sheet, but the respondent no.2 has not taken any action and the charge-sheet has not been filed. Thus, it is prayed that the respondents be directed to file the charge- sheet after adding the offence under section 304A of IPC.

(3.) Per contra, it is submitted by the State counsel that so far as filing of the charge-sheet is concerned, it would depend on the ultimate opinion which will be formed by the Investigating Officer.