1 wp1481.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 1481 of 2011 Mr. Suhas Nitin Anjaria .....Petitioner v/s. State of Maharashtra & anr. .....Respondents Mr. S.V. Marwadi for the petitioner. Mr. D.R. More-APP for the State. CORAM: B.R. GAVAI, J. 3rd August, 2011 PC: Leave to amend. Amendment be carried out forthwith. 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. By way of present petition, the petitioners are praying for quashing and setting aside Criminal Case No. 197/PS of 2011 in the Court of Metropolitan Magistrate, Borivali arising out of C.R. No. 344/2010 registered at Goregaon (E) Police Station. 4. The petitioner who is student of M.B.A. was driving his motor cycle in the morning hours while he was going to the college from his home. However, it appears that when petitioner was crossing near Jay Coach flyover, one person suddenly crossed the road and was dashed by his motor cycle. The 2 wp1481.11.sxw petitioner immediately stopped his motor cycle and went to move the injured on the side of the road. The petitioner himself informed the police as well as called for ambulance. The petitioner had also called his father on the spot. The police after arriving on the spot took the injured in the private hospital, however, it appears on admission the said person was found to be dead. The petitioner himself surrendered before the police. He was arrested and released on bail. 5. From the perusal of the papers on the basis of which the prosecution relies itself, it can be seen that it is the petitioner who had taken immediate steps for taking the deceased to the hospital. The petitioner did not flee away from the spot. However, immediately called the police as well as ambulance. Unfortunately, the said deceased Gautam Patil could not be saved. 6. It can thus clearly be seen that no act which can be said to be intentional can be found as against the present petitioner. The petitioner’s father who is employed has as a good gesture had offered to pay the amount of Rs. One lakh each to two sons of the deceased Gautam Patil namely Ashish-the respondent no.2 and Vaibhav. The demand drafts of Rs. One lakh each are handed over by petitioner to Ashish Gautam Patil and Vaibhav Gautam Patil in the presence of the Court. 7. Unfortunately, the deceased who was working as a Dy. Manager in the Mahananda Dairy has died at the young age leaving his wife and two sons who are taking education. It is informed that the legal heirs of the deceased Gautam Patil have filed a case before the Maharashtra Accident Claim Tribunal being M.A.C.T. No. 2892/2010. Taking into consideration the peculiar facts and circumstances I find that it will be appropriate to direct the learned Member of the M.A.C.T. before whom the claim is pending to decide the said claim 3 wp1481.11.sxw petition expeditiously. 8. In the peculiar facts and circumstances accruing in the matter and particularly taking into consideration that the petitioner is a college going student and would be required to waste his valuable time in attending the Courts, I find this is a fit case where the extraordinary jurisdiction vested with this Court can be exercised. 9. Rule is made absolute in terms of prayer clause (b). 10. The learned Member of the M.A.C.T., Mumbai is directed to decide the aforesaid claim Petition No. 2892/2010 as expeditiously as possible, in any case within a period of six months from today. 11. It is made clear that aforesaid amount of Rs. Two lakhs which is paid as a good gesture by the father of the petitioner would not be taken into consideration while the learned Member of the M.A.C.T. determines the claim of the legal heirs of the deceased Gautam Patil and said petition would be decided on its own merits in accordance with law. 12. The Registry to communicate this order to the learned Tribunal. The parties to act on the authenticated copy of the order. (B.R. GAVAI, J)