KUNAL MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Criminal Misc. Petition, under Sec. 482 of Cr.P.C., is for quashing of F.I.R. No. 322/2023 dtd. 3/8/2023 lodged at Police Station Chopasani Housing Board, District Jodhpur, and all consequential proceedings for alleged offences under Ss. 279 and 304 (A) of IPC.

(2.) The relevant facts of the case, as pleaded in the petition, leading to the FIR are as follows: The respondent No. 2 (complainant) reported that on 23/7/2023, at approximately 11.15 AM, his father, Bansilal Jangid, was riding a moped bearing registration No. RJ-19-LS-8084. An unknown vehicle collided with his moped near Birla School, causing the complainant's father to fall and sustain a head injury. The petitioner then took him to MDM Hospital, where treatment was initiated. Unfortunately, on 3/8/2023, the complainant's father passed away. Although, in the FIR it has been specifically mentioned that he is not the one who is responsible for the accident, but he is a rescuer, who took him to the MDM Hospital, and yet, investigation has arrayed him as an accused. Hence, this petition.

(3.) In the aforesaid backdrop, I have heard learned Counsel for the petitioner, who has argued that the petitioner is completely unrelated to the alleged accident. He only helped the victim by taking him to the hospital. The FIR does not reveal any offence committed by the petitioner and lacks the essential elements of the penal offences charged. The false implication, based merely on suspicion, creates reasonable doubt about the prosecution's story, justifying the FIR's quashing, he urges.