Arnav Choudhury vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1582

IN THE HIGH COURT AT CALCUTTA
BIBEK CHAUDHURI, J.
Arnav Choudhury - Appellant
Versus
The State of West Bengal & Anr. – Respondents
CRR 4185 of 2022
Decided on : 14-12-2022.

Advocates:
Advocate Appeared:
For the Appellant : Mr. Sekhar Kumar Basu, Ms. Priyanka Tiberwal, Adv., Mr. Rajdeep Mazumdar, Adv., Mr. Moyukh Mukherjee, Adv.
For the Respondent Mr. Sudipto Moitra, Sr. Adv., Mr. Ayan Bhattacharya, Adv., Mr. Pawan Kumar Gupta, Adv., Mr. Amitava Ray, Adv., Mr. Vijay Verma, Adv., Ms. Sofia Nesar, Adv., Mr. Santanu Sett, Adv. Mr. Adtiya Ratan Tiwari, Adv., Mr. Ranabir Roy Chowdhury, Adv., Mr. Anand Keshari, Adv.

Headnote:
Indian Penal Code, 1860 – Section 279, 304, 308, 427 – Criminal Procedure Code, 1973 – Section 482 – Rash driving or riding on a public way – Punishment for culpable homicide not amounting to murder – Attempt to commit culpable homicide – Held, Court have already discussed that there cannot be any direct evidence of knowledge of offender – It can be only ascertained through circumstantial evidence – Test adopted by court under such circumstances is the test of prudent person under same facts and circumstances – Prudent person will not drive a vehicle at a very high speed and in a dangerous manner which he cannot control because a man of prudence has knowledge that there is obvious chance of fatal accident if a car is driven at very high speed and in dangerous manner – It is found from initial police report vide G.D No.915 that the offending car was being driven at such high speed from east to west that it had first dashed against the footpath and then collided with a milk van coming from opposite direction and then overturned – Petitioner was driving vehicle at utmost high speed inspite of having knowledge that such reckless driving may cause death of any by-stander or himself and his fellow passengers – Criminal revision dismissed.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The petitioner has approached this Court under Section 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 dated 14th November, 2022 under Section 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 14th November, 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 Section 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 dated 14th November, 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 Section 304A of the IPC.

4. Elucidating the issue, it is submitted by the learned Senior Counsel on behalf of the petitioner that prior to the lodging of the complaint a GD entry being Ballygunge P.S GD entry No.911 dated 13th November, 2022 was lodged in connection with the said road traffic accident and a police officer attached to Ballygunge P.S conducted inquiry in respect of the said incident. The said inquiry report is the depiction of the earliest information about the said unfortunate accident. It is found from the said inquiry report (GD entry No.915) that the police officer visited the spot in front of Kusum Apartment, 11 G.S Road and found a small gathering. He also found one private car bearing No. WB-02 AR-9165 in overturned condition on the footpath. The car was severely broken and he found two male and two female persons in severely injured condition inside the car. He also found one milk van bearing registration No. WB-25E-8678 lying at the middle portion of the road in front of 11, GS road. Left front side of the said van was also found in damaged condition. From local inquiry it was ascertained that on 14th November, 2022 at about 00:30 hours the driver of the above numbered private car was driving the vehicle along with GS road from east to west direction dangerously with the knowledge that due to his rash and careless driving any untoward incident of grievous hurt or death might cause. When the said car reached in front of 11 G.S road, it first dashed against the road side pavement and then dashed against a milk van who was coming from the opposite direction. As a result of such collision the private car overturned near the footpath and the driver with three other passengers sustained serious injury. The police officer obtained identity of the injured persons. The police officer after inquiry submitted a detailed report to the Officer-in-Charge of the police station.

5. Learned senior counsel on behalf of the petitioner refers to a decision of this Court in the case of Goutam Singh vs. State of West Bengal reported in (2010) 1 C Cr LR (Cal) 586 inviting the Court to consider the initial inquiry report in pursuance to GD entry No.911 dated 13th November, 2022. It is submitted by the learned senior counsel on behalf of the petitioner that materials on record and the documents collected so far never made out a case of willful and deliberate act on the part of the accused/driver to show even prima facie with the accused caused the death by such act with knowle