1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 413 OF 2010 Ranjanabai Gokul Jadhav ...Petitioner Vs. The State of Maharashtra and Ors. ...Respondents ----- Mr.Vikas Shivarkar for Petitioner Mr.A.S. Shitole - APP for State ----- CORAM: V.M. KANADE J. DATED: 29TH APRIL, 2010 P.C. 1. Heard the learned Counsel for the Petitioner and the learned APP for the State. 2. The complaint has been registered by the Chandwad Police Station, Dist. Nashik on 29.12.2007 by Police Constable Mr. Sudam Sadashiv Suryawanshi for the offence punishable under sections 304A, 279, 337, 338, 427 of the Indian Penal Code and section 184 of the Motor Vehicles Act. 3. It is alleged that the husband of the present Petitioner i.e. Gokul Sukhdeo Jadhav was driving a 2 motor cycle and Ramakant @ Ramesh Fakira Thackeray was the pillion rider. When the motor cycle reached the new toll naka on the Mumbai-Agra Road near new toll booth where the construction of cement road was going on, an accident had occurred near the diversion. It is alleged that the husband of the Petitioner was driving the motor vehicle in a rash and negligent manner and the motor vehicle dashed one of the stone which was kept near the diversion and the said accident took place. Both the Petitioner's husband and the pillion rider were injured and they were taken to the nearest hospital. However, the Petitioner's husband succumbed to the injury. 4. It is submitted by the learned Counsel appearing on behalf of the Petitioner that the present Petitioner wishes to file a Public Interest Litigation in this Court since a number of accidents had taken place at the site on account of negligence by the Government and Semi-Government Authorities. It is submitted that on account of this complaint, the Petitioner's PIL may not be entertained. 5. In this view of the matter, the apprehension of the Petitioner is misconceived. Firstly, on account of death of her husband, the criminal case which is registered against him by the Chandwad Police Station 3 has abated and, therefore, there is no question of quashing the said complaint and secondly, the Petitioner is always at liberty to file a PIL and the complaint which was registered against her husband will not dis-entitle her from filing the said PIL. In view of this, on account of abatement of the complaint, the question of quashing the criminal proceedings does not arise. 6. Petition is, therefore, disposed of. (V.M. KANADE J.)