Akhilesh Yadav v. The State Of West Bengal And ANR

17-08-2023 Court No.3 mg/6.

In The High Court At Calcutta Jalpaiguri Circuit Bench C.R.R. 24 of 2022 AKHILESH YADAV Vs.

The State of West Bengal & Anr.

Mr. Deborshi Dhar ... for the petitioner.

Mr. Aditi Shankar Chakraborty Mr. Nilay Chakraborty Mr. Ujjawal Lucksum ...for the State The instant application is filed under Section 482 of the Code of Criminal Procedure praying for quashing of the criminal proceeding being Kurseong Police Station case No. 19 of 2019 dated 1/2/2019 under Section 279/338/427 of the Indian Penal Code read with Sections 180 and 181 of the Motor Vehicles Act which is pending before the Additional Chief Judicial Magistrate at Kurseong. Charge sheet has been filed in this case. The petitioner has annexed copy of statements of the witnesses recorded under Section 161 of the Code of Criminal Procedure

along with other documents. Neither the victim nor other witnesses stated anything which discloses commission of offence of rash and negligent driving. The statement of witnesses are absolutely silent on such allegations. Prima facie, therefore, charges under Section 279/338/427 are not tenable and quashed. However, charges under Sections 180 and 181 of the Motor Vehicles Act are not interfered with.

The instant application is partly allowed and stands disposed of along with pending applications.

(SUGATO MAJUMDAR, J.)