ANAND KUMAR MISTRY @ SHARMA Vs. STATE OF WEST BENGAL & ANR
HIGH COURT OF CALCUTTA
Anand Kumar Mistry @ Sharma
State Of West Bengal And Anr
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Tirthankar Ghosh, J. -
(1.) The revisional application has been filed challenging the order dated 29th March 2018 passed by the learned Additional District & Sessions Judge, Fast Track Court No.2, Barasat North 24 Parganas, in Criminal Revision no. 162 of 2017 arising out of the order dated 28.06.2017 passed by the learned Additional Chief Judicial Magistrate, Bidhannagar in GR Case No.263 of 2013.
(2.) The brief facts of the case relate to a letter of complaint which was addressed to the Inspector-in-charge Lake Town Police Station by Ramuna Mistry, alleging that:
"Today at about 11.15 AM while my grandson namely Master Shubham Sharma, aged about 07 years, was returning back from his school along with his father Mr. Anand Sharma, a Chevrolet Spark car bearing registration no. WB06A 8056 driven by a lady (along with another person sitting beside the said lady), who seemed to have been learning to drive the said car and who did not had (have) any driving licence, suddenly hit the said minor child with full impact and crashed the said car along with the minor child on a nearby wall and thereby causing (caused) severe injuries to the said child. Subsequently Mr. Anand Sharma the child's father immediately took him, in a severely injured condition, to the nearby Daffodil Nursing Home and was declared dead by the said hospital. The said incident took place in front of House no.330, Canal Street, Kolkata - 700048. The said lady was learning to drive the car, in bright daylight, on a heavily trafficked road in spite of having full knowledge and being fully aware of the consequences of her actions".
(3.) On the basis of the aforesaid letter of complaint Lake Town Police Station Case no. 283/13 dated 05.10.2013 under Sections 279/304 of the Indian Penal Code was registered for investigation.;
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