JUDGMENT - CHITRE J.G., J.:---Heard all the parties.

2. This petition arises out of a F.I.R. which has been written by respondent No. 3 Kondaji Shivram Sabale, Head Constable, then attached to Sangameshwar Police Station, Taluka Sangameshwar, District Ratnagiri, in context with the incident which took place on 2-1-1997 at about 2.30 p.m. at the spot which was near "Dhamani" petrol pump on high way leading towards Mumbai from Ganpatipule side. The petitioner Prashant Karande, Advocate was travelling by his car of fiat make bearing No. MH-01-P-6409 when he was returning from Ganpatipule and was going to Mumbai along with his wife, mother-in-law and sister-in-law. He was driving the said car as contended by him at the speed of 40-50 kms. per hour. It is the averment of Shri Karande, the petitioner, that on account of some oil present on the road, the car skidded and collided a nilgiri tree resulting in an accident in which his mother-in-law, sister-in-law, wife and he himself sustained injuries. As law abiding citizen he went to Sangmeshwar Police Station and gave the information about the said accident when respondent No. 3 Kondaji Sabale, Head Constable, was Police Station Officer of Sangameshwar Police Station. He recorded the information given by Shri Karande and thereafter wrote his own F.I.R. in which he alleged that Shri Karande was driving the said car rashly and negligently and thereby he committed the offence punishable under section 279, 337 and 427 of I.P.C. Shri Rane, respondent No. 2, believing on the work done by Shri Kondiba Sabale, Head Constable respondent No. 3, forwarded a charge-sheet against Shri Prashant Karande, Advocate to the Court of J.M.F.C., Deorukh. Shri Prashant Karanded was required to attend the said Court and was required to obtain the bail order from the said Court. Being aggrieved by that, he filed this criminal writ petition making a prayer for getting a writ of certiorari in his favour quashing the said F.I.R. the said criminal proceeding arising out of C.R. No. 4/97 C.C. No. 190 of 1997.

3. Shri Karande, the petitioner, submitted that the F.I.R. which has been written by Shri Sabale does not show any where that Shri Karande was driving the said car rashly and negligently. Only there happens to be a sentence which has been interpolated in between two lines which does not have any context or connection whatsoever with those two lines in between which are in existence. He submitted that because of the said F.I.R. and because of the said charge-sheet a criminal case has been initiated against him and he has been unnecessarily, improperly and illegally arraigned as an accused before a Criminal Court. He submitted that it has caused a mental shock to him and a dent to his reputation. He submitted that in the interest of justice the said F.I.R., the said charge-sheet and the said criminal case need to be quashed.

4. Shri Saste, Counsel appearing for the respondents, submitted that the said sentence seems to have been added on account of immaturity on the part of respondent No. 3 and his wrong belief that in every accident the person driving the vehicle needs to be made an accused for the offences punishable under sections 279 and 337 of I.P.C. He supported the plea raised by respondent Nos. 2 and 3 pleading innocence by submitting that had respondent No. 3 been cunning, shrewd and mischievous, he would have taken care right from the beginning to draft the F.I.R. in a systematic way. He submitted that on account of the pressure of the work, respondent No. 2 Rane might have committed a mistake of not scrutinizing very cautiously and carefully the said F.I.R. and the investigation made by Shri Sabale before filing the charge-sheet. Reiterating the contentions raised by respondent Nos. 2 and 3 Shri Saste submitted that on account of the increasing population the pressure and load of the work has increased in every Police Station. Therefore a sympathetic view needs to be taken in respect of the said draft

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