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2011 Supreme(Bom) 422

N.D.DESHPANDE
Adwait Surendra Aatre – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant:Parvej Menon i/by Majeed Menon & Associate, Advocates. For the Respondents:Mrs. M.R. Tidke, APP, R2, Ravi Mishra, Advocate.

Judgment :

1. Heard both sides.

2. By consent of the parties taken up for final hearing at the stage of admission.

3. The present application is filed under Section 482 of the Criminal Procedure Code, 1973, invoking inherent powers of this Court in the matter of criminal justice, for quashing of the F.I.R. being C.R. No. 107 of 2010 registered by the Kherwadi Police Station, of offences u/s 279, 338 read with 134 (a), (b) of the Motor Vehicles Act against the applicant, on a complaint of one Mr. Nitin Satish Kale.

4. The applicant is a student aged 23 years, having valid driving licence and it is alleged that while he was driving a motor vehicle (Mahindra Scorpio), it gave a dash to the complainant on a road and thereby caused some minor injuries to his leg and shoulder. The matter was therefore, reported to Kherwadi Police station, which was subsequently inquired and investigated. Concerned Investigating Officer of the Kherwadi Police station is present. He informed that investigation is complete and charge sheet is ready for filing.

5. It is admitted that the offences, as per the investigation and the chargesheet, are stated to be mainly u/s 279 and 338 of I.P.C. Learned counse











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