J B PARDIWALA, J.

1. By this writ application under Article 226 of the Constitution of India, the writ applicant - original accused has prayed for the following reliefs:

"12A. To allow this petition.

B. To quash and set aside FIR being I-CR No.336/2013 registered with Vastrapur Police Station, Ahmedabad and all further proceedings arising therefrom including the chargesheet filed in connection with the said FIR and all proceedings of Sessions Case No.11 of 2015 pending before the Ld. 8th Additional Sessions Judge, at Mirzapur, Ahmedabad (Rural).

C. To quash and set aside the order dated 25.09.2017 passed below Exh. 4 in Sessions Case No.11/2015 by the learned 8th Additional Sessions Judge, at Mirzapur, Ahmedabad (Rural) rejecting the discharge application filed by the petitioner.

D. In the alternative, to direct that no case for proceeding against the petitioner under Section 304 of the Indian Penal Code, 1860 is made out.

E. Pending admission, final hearing and disposal of this petition to stay further proceedings of Sessions Case No.11 of 2015 pending before the Ld. 8th Additional Sessions Judge, at Mirzapur, Ahmedabad (Rural).

F. To pass such other and further order/s as deemed fit, just and proper by this Hon'ble Court."

2. As I am inclined to consider the reliefs prayed for in terms of para 12[C] and [D] only, my adjudication shall be in exercise of my supervisory jurisdiction under Article 227 of the Constitution of India.

3. The points for consideration are as under:

[A] Can the driver of a vehicle be chargesheeted and tried for an offence punishable under Section 304, I.P.C., for his rash and negligent driving if it has resulted in the death of another person?

[B] Is the plea of the driver in such a motor accident that he is liable to be chargesheeted and tried only for an offence punishable under Section 304-A of the I.P.C. sustainable?

4. The case of the applicant herein, in his own words, as pleaded in the application, is as under:

"3.1 The petitioner submits that an FIR being I-CR No.336/2013 came to be registered on 18.09.2013 with Vastrapur Police Station, Ahmedabad against the petitioner herein for the offences punishable under Sections 297, 337, 338 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sections 177 and 184 of the Motor Vehicles Act, 1881 (hereinafter referred as "MV Act").

3.2 That it was alleged in the said FIR that on 18.09.2013, when the respondent no.2 was going in his i-10 car bearing No.GJ-1-KA 9955 to his job, at Bopal Ring Road to Rajpath Road, the petitioner drove his vehicle being Land Cruiser Car from behind in full speed and overtook the car of the complainant. It is further alleged in the FIR that one motorcycle was going ahead of the car of the respondent No.2 which was dashed by the car of the petitioner herein. It is alleged that one boy was driving the motorcycle and one girl was a pillion rider and because of the hit the motorcycle, the boy and the girl fell down on the road and were dragged to some distance. It is alleged that both the victims were bleedings profusely. It is further alleged that respondent No. 2 called 108 ambulance and injured were taken to Shalby hospital

3.3 That the respondent No. 2 lodged the FIR and the petitioner herein was arrested and released on bail on the very same day as the offences alleged were bailable. It is submitted that the injured girl succumbed to injuries and she died on 22.09.2013. Therefore, the police submitted a report on 23.09.2013 before the learned Chief Judicial Magistrate, Ahmedabad for addition of Section 304A of the IPC, which was accepted by the learned Magistrate on the very same day.

3.4 That thereafter on 14.11.2013, police submitted report to add section 304 (Part-ll) of the IPC and delete section 304A of the IPC and also requested the learned Magistrate to issue warrant against the petitioner relying on the report of the vehicle manufacturer. That apprehending his arrest, the petitioner filed Criminal Misc. Appl