Gujarat High Court
Panjabilal Shankrdayal Sen vs State Of Gujarat on 25 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/17253/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17253 of 2019
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PANJABILAL SHANKRDAYAL SEN
Versus
STATE OF GUJARAT
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Appearance:
MS. PAYAL M TUVAR(7055) for the Applicant(s) No. 1
MS MEDHA N PANDYA(6171) for the Respondent(s) No. 2
MS MOKSHA THAKKAR, APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/02/2021
ORAL ORDER
1. Heard learned advocate Ms. Payal M. Tuvar for the applicant,
learned APP Ms. Moksha Thakkar for respondent - State and
learned advocate Ms. Medha N. Pandya for respondent No.2 -
original complainant.
2. By way of present application, applicant has prayed for
quashing of criminal complainant being C. R. No. I - 169 of 2018
registered with Godhra Police Station, Dist; Panchmahals dated
25.12.2018 for the offence punishable under Sections 279, 304,
337 and 114 of the Indian Penal Code and under Sections 177, 184
and 134 of the Motor Vehicle Act, 1988.
3. Learned advocate Ms. Tuvar submits that this petition is
preferred only with regard to the Principal of the school and other
accused i.e. driver and owner of the vehicle are not joined in the
present petition. The complaint impugned is filed by father of a
student, who was injured during the accident, which has resulted
into criminal complaint. However, now complainant does not want
to proceed further so far as present petitioner is concerned.
R/CR.MA/17253/2019 ORDER
4. Learned advocate Ms. Medha N. Pandya confirms what has
been submitted by learned advocate Ms. Tuvar. She further
submits that an affidavit filed by the original complainant is on
record, wherein original complainant has also stated on oath that
he does not want to proceed further against present petition.
5. Learned APP Ms. Moksha Thakkar has strongly opposed this
application by submitting that amongst other offences, an offence
under Section 304 of the Indian Penal Code is also alleged in the
complaint. Therefore, in view of the judgment of the Honourable
Supreme Court, consent by the original complainant may not be
relevant in such offence. She further submits that as far as
Principal of the school is concerned, total 107 passengers were
travelling in the bus, whereas it is not known that whether accident
attributed to the overloading of the bus or not. She further submits
that it needs to be verified that accident was occurred due to rash
and negligent driving or due to rash and negligent driving coupled
with overloading, which lead to the accident.
6. While this Court is of the prima facie opinion that an offence
under Section 304 of the Indian Penal Code may not be made out
against the ,applicant herein but at the same time in order to verify
whether the accident was attributable to the overloading of the bus
or not, therefore, report of the FSL would be required.
7. In such circumstances, learned APP is directed to produce
FSL report on record. S. O. to 17.03.2021.
(NIKHIL S. KARIEL,J)
DRASHTI K. SHUKLA
