1 1548 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRI.APPLN NO.1548 OF 2010 in CRI.APPEAL NO. OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders and Registrar’s orders. Ms.A.A.Mane APP for Appellant Mr.Harshad Inamdar for Respondent CORAM : N.D.Deshpande, J DATED : 24th February, 2011 P.C. 1. Heard both sides. This application for leave to appeal against the judgment and order dated 18.3.2009 passed by J.M.F.C. Thane in Summary case No.24/2006 The judgment and order is impugned in this Appeal. The respondent- accused who was charged under sections 338,279 r/w section 34 IPC read with section 134/177,181,184 of Motor Vehicle Act came to be acquitted. 2. Ms.Mane APP for State pointed out that accused is a police personnel and was riding his motorbyke bearing No.MH04-AU-8238. PW 6 Shamrao was on pillion seat of the motorbyke. The incident took place on 8.9.2005 at 9.15 hrs at Kharegaon Kalwa naka road. It is alleged that the respondent- accused was driving his motorbyke. He was rash and negligent while riding and was responsible for the accident. One Deepak Suresh Shinde PW 2 sustained injuries. 3. I have gone through the impugned judgment. The learned trial court has discussed the evidence in detail. It is an accident on highway. The complainant himself admitted that after throwing the garbage he came on the road and the motorbyke hit his leg and he sustained injuries. Admittedly,accused and one Shamrao PW 6 helped him and took him for treatment to the hospital. There is absolutely nothing on record to show that he was riding at high speed and resulted in an accident. 4. The prosecution has failed to prove the case of rash and negligent riding. Consequently, accused-respondent came to be acquitted. I do not find any perversity in the findings recorded. It is also seen that complainant did not speak against the motor-cyclyist.No interference is therefore called for. Leave refused. N.D.Deshpande, J