Judgment

Since the challenge in both the captioned petitions is to a selfsame order passed by the learned Additional Sessions Judge, those were heard analogously and are being disposed of by this common judgment and order.

2. The petitioner, the father of one of the victims, calls in question the legality and validity of the order dated 5th November, 2014, passed by the Third Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur, below Exhs.135 and 136, in the Sessions Case No. 41 of 2013.

3. The facts giving rise to these applications may be summarized as under:

3.1 On 25.2.2013, an eyewitness to a fatal car accident lodged an FIR before the Vastrapur Police Station, Ahmedabad, of the offence punishable under Sections 279, 338, 427 and 304 IPC and Sections 177, 184 and 134/1B of the Motor Vehicles Act. The respondent No.2 original accused was driving a BMW car bearing registration No. CH-01-AE-9360 at about 12 O’clock in the night. He was driving the car rashly at a highspeed, which resulted in an accident claiming lives of two innocent young boys, namely Rahul Ganshyambhai Patel and Shivam Premshankar Dave. The petitioner before me is the father of the deceased Rahul.

3.2 It appear