CHETAN PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioner seeking quashing of the proceedings of the Cr. Case No. 432 of 2005 pending in the Court of learned Chief Judicial Magistrate, Mandal, District Bhilawara qua the petitioner and assailing the order dated 16.12.2005 whereby cognizance was taken against the petitioner for the offences under Sections 130 and 196 of the Motor Vehicles Act (hereinafter referred to as 'the Act' for short).

(2.) Succinctly stated the facts of the case are that after investigation of F.I.R. No. 194 of 2005 a charge-sheet was filed against the petitioner and one Sampat Raj in the Court of the learned Judicial Magistrate 1st Class, Mandal, District Bhilwara.

(3.) As per the allegations of the charge-sheet, the accused Sampat Raj while driving the car No. RJ-19-2C-4813 met with an accident with a motorcycle No. RJ-06-6M-1637 resulting into the death of a lady named Shamim. After registration of the case and during the course of the investigation, the police issued a notice under Section 133 of the Act to the registered owner of the car namely Shri Sudarshan Sharma. Shri Sudarshan Sharma replied to the notice mentioning that he had sold the vehicle to the petitioner and that a Form No. 29 was executed to this effect. The police placing reliance on the said reply given by Sudarshan Sharma and a copy of the Form No. 29 provided by him proceeded to implicate the petitioner as an accused in this case and filed a charge-sheet against him for the offences under Sections 196 and 130 of the Act.