ARNAV CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has approached this Court under Sec. 482 of the Code of Criminal Procedure praying for quashing of the proceeding being CGR Case No.3436/2022 corresponding to Ballygunge P.S Case No.123 of 2022 dtd. 14/11/2022 under Sec. 279/304 Part-II /308/427 of the Indian Penal Code presently pending before the learned Chief Judicial Magistrate at Alipore, South 24 Parganas.

(2.) One Basant Jhunjhunwala, opposite party No.2 herein lodged a written complaint on 14/11/2022 stating, inter alia, that at about 1:06 am he came to learn that his daughter Jayantika Jhunjhunwala met with a car accident at about 12:30 am. It was also learnt by the defacto complainant that the said car was driven by the petitioner at a very high speed and dangerous manner as a result of which the said accident had taken place. The daughter of the defacto complainant was travelling in the said car with two other young men besides the driver and she succumbed to her injuries. On the basis of the said complaint police registered a case against the petitioner under Sec. 279/304 Part-II/308/427 of the IPC and at present investigation is going on.

(3.) Though the petitioner prays for quashing of Ballygunge P.S Case No.123 dtd. 14/11/2022, the learned Senior Counsel on behalf of the petitioner confines his submission on the question as to whether under the facts and circumstance, the FIR case ought to have been registered under Sec. 304A of the IPC.