CourtKutchehry.com
High CourtsSingle Bench

Vishwanath M vs State Of Karnataka

Karnataka High Court · Decided on 26 May 2022 · Citation: (2022) 05 KAR CK 0019

HON’BLE JUDGES
Hemant Chandangoudar, J
ACTS & SECTIONS REFERRED
Motor Vehicles Act, 1988 — Section 146, 196 · Indian Penal Code, 1860 — Section 279, 337, 338
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 1326 Of 2018
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 329 words

Hemant Chandangoudar, J

1.

Charge sheet is filed against the petitioner-accused alleging that when the complainant-witness no.2 was proceeding on his motorcycle along with his seven year old son, at that point of time, the accused no.1 dashed against the motorcycle on which CW-2 was riding and due to which the complainant witness no.2 and his son sustained injuries. It is further alleged that the motorcycle on which the accused no.1 was riding did not have insurance or registration certificate. It is further alleged that the accused no.2 handed over the said motorcycle to accused no.1. The learned Magistrate took cognizance of the offences punishable u/s. 279, 337, 338 of IPC r/w Sections 146 and 196 of Indian Motor Vehicles Act, 1988. Taking exception of the same, this petition is filed by the petitioner.

2.

Learned counsel appearing for the petitioner submits that the allegation made in the charge sheet does not disclose offences alleged against the accused and as such the charge sheet filed against the petitioner-accused no.2 is without substance.

3.

On the other hand, learned HCGP appearing for the State submits that the charge sheet material discloses the Commission of offences alleged against accused no.2 and the same does not warrant any interference.

4.

I have considered the submissions made by the learned counsel for the parties.

5.

The only allegation as against accused no.2 is that he has handed over the motorcycle to accused no.1 and the said motorcycle was not covered under insurance policy nor had registration certificate. Except the said allegation, there is no allegation as against accused no.2. Hence the filing of charge sheet in absence of essential ingredients so as to constitute the commission of offence alleged against Accused no.2 is without substance. Accordingly I pass the following:

ORDER

i) Criminal Petition is allowed.

ii) The impugned proceedings in C.C.NO.580/2017 pending on the file of Civil Judge & JMFC, Arakalagudu in so far it relates to petitioner-accused no.2 is hereby quashed.