1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No.1899 of 2009 Rajesh Madhukar Sohoni Petitioner Vs. District Superintendent of Police & ors. Respondents Mr.Rameshwar Gite for petitioner. Mrs.M.M.Deshmukh, APP for Respondent nos.1 to 3. Mr.L.M.Acharya with Mr.Ranvir Shekhawat for resp.nos.4 and 5. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. June 17, 2010. P.C. 1. We have heard Mr.Gite, the learned counsel for the petitioner. 2. On 27/6/2007 the petitioner’s younger sister – Suvarna Madhukar Sohoni was a pillion rider with one of her friends – Miss Bhavna Patil on a two-wheeler (scooty motorcycle) and while the scooty was passing from the Small Gurudwara it was dashed by a JCB Machine. The petitioner’s sister suffered injuries and died on the spot. The petitioner claims to have rushed to the spot and thereafter gone to the police station to register an 2 FIR against the JCB driver. His statement was recorded on 27/6/2007 by the Station in-charge of Manmad city police station and he stated that one Khalid, whose full name he did not know and who was a resident of Haryana State, was the driver of the said JCB. As per him the driver was negligent in driving the JCB machine and, therefore, the driver was required to be prosecuted. 3. He has filed this petition on or about 16th July 2009 contending that the JCB machine which was the cause for the death of his sister was being driven by one Mr.Pawan son of Bhausaheb Padmane and he, therefore, prays that the said Mr.Pawan Bhausaheb Padmane be added as an accused in C.R.No.108/2007 registered with Manmad police station for the offences punishable under Sections 304-A, 279 and 337 of IPC, as well as under Sections 184, 134(b) and 177 of the Motor Vehicles Act, 1988. He further states that he has been representing to various authorities including the police to add Mr.Padmane’s name as the accused driver in the FIR and the police are deliberately avoiding to do so. He suspects that Mr.Padmane’s father Shri Bhausaheb Padmane is an influential person and, therefore, the police are deliberately avoiding to implead Mr.Pawan Padmane as the accused. 3 4. Mr.Satyajeet Amale, the Assistant Police Inspector attached to Sawarde police station in Dist. Ratnagiri and who had investigated C.R.No. 108/2007 has filed affidavit-in-reply He has pointed out that the JCB machine HR-38-L-5801 which was coming from the opposite direction and had dashed the scooty motorcycle on 27/6/2007 at about 7.30 a.m. was being driven by one Khalid, a resident of Haryana State, as per the information provided by the petitioner himself and, therefore, C.R.No. 108/2007 was registered against him. On 27/6/2007 the police had recorded the statement of the petitioner and also drawn the spot panchanama as well as the inquest panchanama. On 19/12/2007 the petitioner approached the police so as to record his additional statement and in the same, for the first time, he stated that the JCB machine was driven by Pawan Padmane when it had caused an accident with the scooty on 27/6/2007 and this information, he contended, was based on the statements made by the persons who had gathered at the spot. On 20/12/2007 Ms.Bhavna Ashok Patil also appeared before the police and her statement was recorded. She stated that after about 1 and 1/2 months from the date of the accident, the petitioner approached her 4 with an Advocate so as to find out the name of the driver of the JCB machine and also asked her whether she could identify him. She replied that there were two boys in the driver’s seat and she was not knowing anyone of them. She also did not know who was Pawan Bhausaheb Padmane and she was not able to say that it was he who was driving the JCB machine. On the contrary the statement of Shri Sainath Namdeo Gidge recorded on 29/12/2007 indicates that he is the owner of the JCB machine and he stated that the driver was Khalid Khan. He also pointed out that Pawan Padmane was his neighbour and was known to him. The person who had disclosed or from whom the petitioner had got the information was one Mr.Gorakh Sadashiv Pawar and he was a history sheeter. Thus Mr.Sainath Gidge specifically stated in his statement that Mr.Khalid Khan was the driver. 5. Mr.Gite, the learned counsel for the petitioner has placed reliance on the representation submitted by the petitioner to the Home Minister as well as the press reports. The representation to the Home Minister is dated 4/9/2007 and the newspaper reports are of October 2007. The accident has taken place on 27/6/2007. We are, therefore, satisfied that there is no prima facie material before us to accept the petitioner’s contentions that the JCB 5 machine bearing registration no. HR-L38-L-5801 was being driven by Shri Pawan Bhausaheb Padmane on 27/6/2007 at about 7.30 a.m. when it had collided with the scooty bearing registration no.MH-41-946. This petition has been filed on the hearsay basis and, therefore, it must fail. 6. Petition is rejected. (ANOOP V. MOHTA, J.) (B. H. MARLAPALLE, J.)