ORDER :

The present Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973, to quash the proceedings against the petitioners in Crime No.142 of 2021 of Gachibowli Police Station, Cyberabad Commissionerate.

2. The petitioner Nos.2 and 3 herein are accused Nos.3 and 2 and Managing Director and Civil Engineer of petitioner No.1 Company respectively. The offence alleged petitioners are under Sections - 304-II, 188 and 201 read with 109 of IPC and Sections -184, 190 and 196 of the Motor Vehicles Act, 1988 (for short ‘M.V. Act’).

3. Heard Mr. E. Madan Mohan Rao, learned senior counsel for the petitioners and the learned Public Prosecutor appearing on behalf of respondent No.1 - State. Despite service of notice, none appears on behalf of respondent No.2 - complainant.

4. CASE OF THE PROSECUTION:

i) On 23.02.2021 at 16:30 hours, Gunti Yogesh Sagar S/o G. Raju Sagar, aged 19 years, Occ: Student and son of complainant’s brother, was proceeding on Honda Activa Vehicle bearing registration No.TS 07ES 3911 from Sudarshan Nagar to Maseedbanda. Mr. G. Kalyan Sagar was the pillion;

ii) when they reached near SMR Vinay Iconia, one RMC (TATA Motors Concrete Mixer) Vehicle bearing registration No.KA 01AF 9596 driven by its driver, accused No.1 in rash and negligent manner came from back side and dashed them from its back. Due to which, Yogesh received injuries. He was shifted to KIMS Hospital, Kondapur for first aid;

iii) later, Mr. Yogesh was shifted to Continental Hospital, Nanakramguda for better treatment, where the duty doctor examined him and declared the injured as dead;

iv) upon receipt of a complaint lodged by LW.1, paternal uncle of deceased, the police registered a case in Crime No.142 of 2021 under Section 304-A of IPC and took up for investigation;

v) during the course of investigation, LW.16, Sub-Inspector of Police examined the relevant witnesses and recorded their statements under Section - 161 of Cr.P.C. and followed the requisite formalities;

vi) after conducting initial investigation, the police altered the section of law from Section - 304A of IPC to Section - 304-II of IPC and other sections mentioned above;

vii) there is an order vide proceedings No.75/1/T2/DCP-Tr/Cyb/2020, dated 07.07.2020 of Commissioner of Police, Gachibowli, restricting the movement of heavy motor vehicles and medium motor vehicles including DCMs, Eicher Vans, Water Tankers, RMC Vehicles, Rocket Lorry, JCB, Earth Movers, Tractors in the limits of Law and Order Police Stations during the Traffic Peak Hours i.e., between 7.30 hours and 11.30 hours and also between 16.00 hours and 22.30 hours;

viii) the evidence collected during the course of investigation and the inquiries would reveal that accused No.1 drove the crime vehicle in rash and negligent manner though the crime vehicle is in unsafe condition and ran in no entry area, thereby caused disobedience to the orders promulgated by Public Servant and caused disappearance of evidence of offence committed by accused No.1 by not placing number plate at back side of vehicle with abetment of accused Nos.2 and 3, accused No.1 drove the uninsured crime vehicle dangerously;

ix) accused No.2 being In-charge of vehicles of M/s. SMR Builders Pvt. Ltd. allowed accused No.1 to drive unsafe condition vehicle in no entry area;

x) accused No.3 being the owner of crime vehicle did not follow the Rules of M.V. Act and allowed accused No.1 to drive the unsafe condition vehicle in no entry area, and thereby accused Nos.2 and 3 abetted accused No.1 in commission of the offence;

xi) accused No.4, mother and owner of the victim’s Honda Activa vehicle, allowed the deceased to drive the vehicle though the deceased did not have valid license to drive the vehicle and the vehicle is uninsured to satisfy the provisions of Sections - 3 or 4 of the M.V. Act to drive the vehicle; and

xii) thus, accused Nos.1 to 4 were well aware that their acts would cause death of others, and thereby they have committed the aforesaid