IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2120 OF 2011 BETWEEN:
VIJAY S/O PRAKASH AGED – MAJOR R/AT NO.17, 7TH CROSS GANAPATHYNAGAR, MYSORE ROAD BANGALORE-560 046 ... PETITIONER (BY SHRI. A.N. RADHA KRISHNA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY R.T. NAGAR TRAFFIC POLICE REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 2. N. RAJAGOPAL S/O NARAYANAPPA AGED - MAJOR RESIDING AT NO.51/1 1ST MAIN, 2ND CROSS GANGANAGAR, R.T. NAGAR POST BANGALORE CITY ... RESPONDENTS (BY SHRI. H.S. CHANDRAMOULI, SPP-I FOR SHRI. NASRULLA KHAN, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.7/11 OF R.T.NAGAR TRAFFIC P.S., PENDING ON THE FILE OF MMTC-III, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has filed this petition challenging FIR No.7/2011 registered by respondent No.2-complainant in R.T. Nagar Police Station for offence punishable under Section 304A of IPC.
2. Heard Shri A.N. Radha Krishna, learned advocate for the petitioner and H.S. Chandramouli, learned SPP-I for the State.
3. Police had initially registered FIR No.62/2010 on 07.06.2010 based on a complaint given by respondent No.2 against the petitioner, who was driving the car at the time of accident alleging commission of offences punishable under Sections 279 & 337 of IPC and Sections 134(A)(B) & 187 of Motor Vehicles Act, 1988. Police, after investigation have filed charge sheet for the aforementioned offences before the learned Metropolitan Magistrate in C.C.No.1665/2010. Petitioner pleaded guilty on 05.10.2010, and the said case was accordingly disposed of.
4. Shri Chandramouli, learned SPP-I submits that on 31.12.2010, complainant’s wife succumbed to the injuries. Therefore, the instant FIR No.7/2011 has been registered for offence punishable under Section 304A of IPC.
5. In view of undisputable facts that petitioner has pleaded guilty before the learned Magistrate and the injured victim passed away due to grievous injuries sustained in the accident involving petitioner’s vehicle, I find no ground to interfere with regard to registration of FIR No.7/2011 for offence punishable under Section 304A of IPC. Resultantly, this petition fails and it is accordingly dismissed.
No costs.
Sd/- JUDGE AV