HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7908 OF 2010 ORDER: This criminal petition is filed by the petitioner, under Section 482 Cr.P.C., seeking to quash Crime No.431 of 2009 of Golkonda Police Station, Hyderabad, registered for the offence punishable under Section 304- A IPC. The case of the prosecution is that the petitioner drove his vehicle bearing No.DL1-CH-7132 in a rash and negligent manner and dashed against the son of the defacto complainant, 2nd respondent herein, and immediately after the accident, the injured was shifted to 3M People’s Hospital at Tolichowki where he was declared ‘brought dead’. Learned counsel for the petitioner submitted that the petitioner is no way concerned with the offence and, more over, in the complaint dated 29.11.2009, the 2nd respondent has not mentioned the name of the petitioner as driver of the offending vehicle at the time of the accident. The 2nd respondent is present before this Court today and filed an affidavit which runs as follows: “I am the 2nd respondent herein and also the defacto complainant, as such, I am well acquainted with the facts of the case. I have lodged the complaint against the vehicle and, in fact, myself and other witnesses have not seen the accused and also car at the time of the accident. But, by mistaken identity in a state of tension, I have mentioned the vehicle number in the complaint, but the same vehicle and the petitioner are no way concerned with the offence of 304-A IPC. In view of this fact, no purpose will be served, if the prosecution is continued. Therefore, I decided to state true facts before this Hon’ble Court in the interest of justice and, accordingly, the petition may be allowed by quashing the present criminal case against the innocent petitioner/accused.” In the light of the affidavit of the 2nd respondent, this Court is of the view that the Crime can be quashed. Accordingly, the Criminal Petition is allowed and Crime No.431 of 2009 of Golkonda Police Station, Hyderabad, is hereby quashed. __________________ RAJA ELANGO, J 13th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANAGO CRIMINAL PETITION No.7908 of 2010 (Allowed) 13th August, 2010 CBS