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Bombay High CourtAPPLN/3096/2022disposed off

Lata Wd/O. Hanmant Jadhav v. The State Of Maharashtra And Others

2023-06-23Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Sanjay A. Deshmukh1 pages

928-APPLN-3096-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3096 OF 2022 Lata Hanmant Jadhav ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. B.R. Kedar, Advocate for applicant Mr. P.G. Borade, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 23rd JUNE, 2023 PER COURT :

1.

Heard.

2.

We have seen the photographs of accident. The F.I.R. has been lodged against the deceased, who was riding the motorbike. The photographs indicate that the truck was not exclusively stationed at the side walk. Some portion of the truck was on the main road. 3.

The Tribunal, dealing with the matter of accident claim petitions, would decide the question of negligence on its own on merit and shall not be influenced by the F.I.R. to have been lodged against the deceased, though the F.I.R. may one of the evidences likely to be relied on. With these observations, application stands disposed of. ( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 1 / 1