JUDGMENT :

Heard Mr. Joshua Sheqi, learned counsel for the petitioner along with Mr. K. Angami, learned PP for the State.

2. This is an application under section 482 CrPC for quashing and setting aside the FIR dated 13.03.2015 in GR No. 17/2015 corresponding to Wokha P.S. Case No. 12/15 under sections 279/336/337/338/304 (A) IPC, read with 185 M.V. Act which is pending before the Judicial Magistrate First Class, Nagaland.

3. Facts leading to the institution of the present petition is that on 12.0.2015 at about 10:30 am one Maruti Alto vehicle met with an accident between Longsa and Santasuphen. And the vehicle rolled down about 300 ft approximately from the highway with 4 occupants which included the petitioner who was the driver of the said vehicle. One of the occupants, Mr. Kivikhu Swu expired due to head injury at Motso Memorial Hospital, the petitioner and Mr. Khumtsa Awomi both sustained grievous injury while Mr. Vikugha Assumi sustained simple injury. On receiving information of the accident a Suo moto report was made and an FIR was registered at Wokha P.S as Case No. 12/2015 on 13.03.2015 under 279/36/37/38/304(A) R/W 185 MV Act. The case was investigated into and during invest