The petitioner has come out with a prayer for quashing of entire criminal proceeding against the petitioner in relation to Kadma P.S. Case No. 205 of 2014 dated 07.10.2014 including the order dated 11.01.2016 wherein learned Judicial Magistrate, 1st Class, Jamshedpur failed to consider the fact the petitioner was not at all driving the vehicle in question during the time of accident.

2. The facts, which are relevant in this case, in short, is that an F.I.R. was lodged on 07.10.2014 under Sections 279, 337, 338 at Kadma Police Station against one Devdas Barua, S/o late B.B. Barua, resident of Qtr. No. KF1, G.P. Slope, P.O.Kadma, P.S. Kadma, Town-Jamshedpur wherein it was stated that on 06.10.2014 at about 10.30 p.m. the informant Wasuddin Khan alongwith his brother-in-law namely Mohd. Ashraf Khan were standing in the Ganesh Puja Ground and at that very point of time one Devdas Barua rashly and negligently dashed Mohd. Ashraf Khan and he was seriously injured and thereafter with the help of local people was transferred to TMH Hospital and thereafter the F.I.R. was lodged at 6.00 p.m. The injured Mohd. Ashraf Khan succumbed to his injury and the police submitted final form on 25