The court upheld the validity of the charge-sheet, emphasizing the need for the investigation to proceed, as the petitioners failed to demonstrate sufficient grounds for quashing the FIR.

Per Ramesh Sinha , Chief Justice

26.03.2025

1. Heard Mr. Pawan Kesharwani, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the respondent / State.

2. The petitioner has filed this petition with following prayer:

“(I) May this Hon’ble Court be kind enough to call for the entire records pertaining to the case of the petitioner.

(ii). May this Hon’ble Court be kind enough to quash the FIR bearing Crime No. 163/2024 dated 18.06.2024 and entire charge-sheet bewaring No. 283/2024 prepared on 20.11.2024 (Annexure P-1) registered against the Petitioners in Police Station- Sahaspur Lohara, District- Kabirdham (C.G.) under sections 146/192A & 56/192 of the Motor Vehicle Act .

(iii). May this Hon’ble Court be kind enough to grant Any other relief which the Hon’ble Court may deem fit in the facts and circumstances of the case.”

3. Prosecution story in a nutshell is that on 18.06.2024, one Pritesh Mahanti made a Complaint in Police Station Sahaspur, Lohara, District-Kabirdham (C.G.) on account of a Motor Vehicle Accident that occurred on 01.06.2024. The F.I.R. was registered against the Driver of Vehicle-Hyva Truck No. CG 09 JE 8987. As per the F.I.R., on 01.06.2024, he was going to Bashir Petrol Pump on his NS 200 Bajaj motorcycle (Registration No. CG 09 JQ 7708) to refuel. Near Regakhar Road Tiraaha, Lohara, he met Sunita Bai Banjare, who asked him to drop her near Bashir Petrol Pump. He allowed her to sit on the back of his motorcycle and continued his journey. At around 11:00 PM, in front of Bashir Petrol Pump, a heavy truck driver, driving recklessly and at high speed, hit his motorcycle head-on, resulting in an accident. Due to the collision, both Pritesh Mahanti and Sunita Bai Banjare fell, and the motorcycle was damaged. The truck stopped for a moment, allowing Pritesh to note its registration number (CG 09 JE 8987). As a result of the accident, Pritesh Mahanti sustained injuries on his right thigh, knee, head, and near his right eye and Sunita Bai Banjare suffered injuries to her head and right knee. They were taken to CHC Lohara via Dial 112 emergency vehicle for treatment. Later, they were referred to the District Hospital in Kawardha for further medical care. After some treatment, Pritesh Mahanti continued his recovery at home, whereas Sunita Bai Banjare was later transferred to DKS Hospital, Raipur, where she succumbed to her injuries. Based on this complaint, the said FIR was registered at Lohara police station against the driver of Hyva Truck CG 09 JE 8987 bearing Crime No. 163/24 under Sections 279, 337 of the Indian Penal Code. After registration of F.I.R. an application/complaint was given by the present applicant before the Superintendent of Police, Kawardha, District-Kabirdham (C.G.) on 24.08.2024, intimating of false implication of the applicant's vehicle in the accident. It was informed by the applicant that on the alleged accident date, June 1, 2024, from 6:00 PM to June 2, 2024, at 6:00 AM, the applicant's vehicle did not pass through Bashir Petrol Pump on Rajnandgaon Road via Lohara town. Instead, on June 1, 2024, the vehicle was stationed at Jain Gitti Quarry on Kawardha Road for loading. At 10:44 PM, the truck was loaded with gravel and transported via Garawar through Kawardha to Dashrangpur, where it unloaded the gravel and returned to Jain Gitti Quarry at 1:42 AM. Around 18 days after the accident, in a premeditated manner, the applicant's vehicle was falsely implicated in the accident in an attempt to fraudulently claim insurance money. Consequently, a false case (Crime No. 163/2014) under Sections 279 and 337 of IPC was registered against the applicant's driver at Lohara Police Station. This has caused severe mental distress to the applicant. Thereby requesting to investigate the matter and take appropriate action to dismiss the false case registered against the applicant's driver. It is alleged that the RTO Kawardha provided details of the vehicle, confirming that th