1 S.B.CR.MISC. PETITION NO. 581/2009 “BHIKHU GIRI VS. STATE OF RAJASTHAN & ANR.” IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. Criminal Misc. Petition No. 581/09 Bhikhu Giri Vs. State of Rajasthan & Anr. Date of order : 13/04/2009 HON'BLE MR.H.R.PANWAR,J. Mr. K.S.Gill for the petitioner. BY THE COURT By the instant criminal misc. petition under Section 482 Cr.P.C., the accused petitioner seeks quashing of proceeding in Criminal Case No.227/2008 pending in the Court of Additional Chief Judicial Magistrate, Bilara, District Jodhpur (for short 'the trial court' hereinafter) and the order dated 7.5.2008 passed by the trial court. I have heard learned counsel for the petitioner. It is contended by learned counsel for the petitioner that the occurrence of road accident alleged to have taken place on 24.12.2007 and it was the petitioner who lodged FIR 2 S.B.CR.MISC. PETITION NO. 581/2009 “BHIKHU GIRI VS. STATE OF RAJASTHAN & ANR.” No.577/07 and after conclusion of the investigation, the police submitted FR No.177/07 which came to be accepted by the concerned Magistrate. However, a first information report came to be lodged by respondent No.2 Uma Devi W/o deceased Ratangiri being FIR No.34/08 and in that FIR, the matter was investigated by the police and after investigation the police filed challan against the accused petitioner for the offences under Sections 279, 304-A IPC. It appears from the material placed on record that the vehicle which met with the road accident was alleged to have been driven by the petitioner, however, in order to avoid criminal liability arising out of said accident caused by the petitioner while driving the vehicle resulting in death of Ratangiri, the petitioner lodged the report in such a manner not involving himself stating therein that the vehicle slipped and Ratangiri suffered injuries and ultimately during treatment he succumbed to the injuries. However, wife of the deceased Ratangiri came to know that such accident has been caused by rash and negligent driving of the vehicle by the petitioner and first information report earlier lodged by the petitioner did not disclose the true facts, on the contrary, in the FIR lodged by the petitioner himself, he ought to have been accused in the case but so as to save himself from the 3 S.B.CR.MISC. PETITION NO. 581/2009 “BHIKHU GIRI VS. STATE OF RAJASTHAN & ANR.” criminal liability he lodged the report with incorrect facts that the vehicle sipped and Ratangiri received injuries which ultimately proved fatal and on the FIR lodged by wife of the deceased, the matter has thoroughly been investigated and after investigation the police came to the conclusion that it was the petitioner who was driving the vehicle rashly and negligently and caused the road accident in which Ratangiri received fatal injuries. In my view, merely because the petitioner earlier lodged a report exonerating himself from the criminal liability cannot be a ground to quash the proceedings initiated by the respondent No.2 in which on thorough investigation, the police found prima-facie case against the petitioner and the trial Magistrate took the cognizance of the offence and trial proceeded. In the circumstances, therefore, I do not find any ground to quash the criminal proceedings pending against the petitioner in exercise of the inherent jurisdiction of this Court. The criminal misc. petition is therefore, dismissed. (H.R.PANWAR), J. rp 4 S.B.CR.MISC. PETITION NO. 581/2009 “BHIKHU GIRI VS. STATE OF RAJASTHAN & ANR.” S.B.Cr. Misc. Stay Petition No. 811/2009 In S.B.Cr. Misc. Petition No. 581/2009 Date of Order : 13/04/2009 HON'BLE MR.H.R.PANWAR,J. Mr. K.S.Gill for the petitioner. Since the criminal misc. petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. rp