IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JANUARY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.6966 OF 2018 Between:
Sri. Anandit Goel, S/o. Rakesh Kumar, Aged about 30 years, R/at 2nd Floor, 101, 19th Cross, 28th Main, HSR Layout, Bengaluru-560 102.
Also at: Xchange Leasing India Private Limited, No.70, NAL Wind T, Murugesh Palya, Bengaluru. …Petitioner (By Smt.Madhuri Gaikwad.V.S, Advocate) And:
1. State of Karnataka, By the Police of Madiwala Traffic Police Station, Bengaluru City, Represented by the SPP, High Court of Karnataka, Bengaluru-560 001.
2. Sreekantha Prasad, S/o. RD Rao, Aged about 54 years, RPO, BETAL, Electronic City, Bengaluru-563 210. … Respondents (By Shri.S.Rachaiah, HCGP for R1 R2-served-but-unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the proceedings in C.C.No.4399/2018 for the alleged offence p/u/s 279, 304 of IPC and Section 180 read with 5, 134(A and B), 187, 3(1), 181 of Motor Vehicle Act before the VI- M.M.T.C., Bengaluru in so far as this petitioner is concerned.
This Criminal Petition coming on for Admission this day, the Court made the following:-
ORDER Heard Smt. Madhuri Gaikwad.V.S., learned Advocate for the petitioner and Shri. S.Rachaiah, learned HCGP for the State.
2. Petitioner works as General Manager in M/s.Exchange Leasing India Private Limited, which provides vehicles on lease. During the course of business, the company leased a Maruthi Ritz car bearing registration No.KA 01 AF-8965 to one Suresh A. The said car met with an accident on 14.10.2017.
At the time of accident, the car was being driven by one Sharavana M, who has been arrayed as accused No.1 and lessee Suresh as accused No.2. Accordingly, FIR No.111/2017 was lodged on 14.10.2017 in Madivala police station. After investigation, police have filed charge sheet against the driver, lessee as also petitioner as accused No.3.
3. Learned advocate for the petitioner submits that possession of the car was handed over to the lessee, namely Suresh, who is arrayed as accused No.2, and the car met with an accident while it was being driven by accused No.1. Thus, petitioner is in no way connected with the accident. Accordingly, she prayed that proceedings against petitioner may be quashed.
4. Learned HCGP, in his usual fairness, does not dispute the facts narrated by learned Advocate for the petitioner.
5. Admittedly, car in question met accident while it was being driven by accused No.1. The car was leased to accused No.2. The petitioner, at the material point of time, was working as General Manager of the leasing company. No vicarious liability can be brought against the petitioner in respect of a criminal offence committed by a third party.
6. In the circumstances, the proceedings against the petitioner amounts to abuse of process of law. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings in C.C. No.4399/2018 pending on the file the VI Metropolitan Magistrate Traffic Court, Bengaluru, are quashed, so far as petitioner is concerned.
No costs.
Cs/-
CT:RG Sd/-
JUDGE