Premla Manohar Pawale v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CRIMINAL APPLICATION NO.3678 OF 2019 PREMLA MANOHAR PAWALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. G R Ingole APP for Respondents : Mr. S P Deshmukh Advocate for Respondent 3 : Mr. Gadegaonkar Bharat N. ...

CORAM : V.K. JADHAV & SHRIKANT D. KULKARNI, JJ. Dated : August 03, 2021 ...

PER COURT :- 1.

Heard the learned counsel for the applicant.

2.

The applicant is an accused in connection with the crime no.273 of 2019 registered with Airport Police Station, Nanded, District Nanded for the offence punishable under sections 279, 337, 338 of the Indian Penal Code and section 134 and 187 of the Motor Vehicles Act, 1988. On the basis of the complaint lodged by respondent no.3, who is an injured, the aforesaid crime came to be registered. Name of the applicant is mentioned in the FIR with all the details as to the manner in which the accident had taken place.

Even, respondent no.3 has also mentioned number of the Scooty being driven by the applicant at the time of the alleged accident.

3.

Learned counsel appearing for respondent no.3 submits that, inadvertently, respondent no.3, who is 70 years of age, has incorrectly mentioned number of the Scooty as 'MH-26/X-9930' instead of 'MH-26/Z-9930'. There is only mistake about the alphabet 'X' instead of 'Z'. Learned counsel for respondent no.3 submits that, by taking undue advantage of the same, the applicant has fled present application for quashing of the FIR under section 482 of the Criminal Procedure Code. 4.

Learned APP submits that during the course of the investigation, supplementary statement of the respondent no.3-informant was recorded, wherein she has given correct number of the Scooty involved in the accident.

5.

In view of the same, we fnd no substance in this criminal application. This application is pending since 2019. Hence, the following order.

O R D E R

Criminal application is hereby dismissed.

( SHRIKANT D. KULKARNI, J. ) ( V.K. JADHAV, J. ) ...