- (1.) Shri Sushil Kumar Tripathi has approached this court to seek issuance of a writ in the nature of certiorari quashing F.I.R./ Case Crime No.87 of 2016, under Sections 193, 419, 420, 468, 471, 120-B I.P.C., Police Station Mill Area, District Raebareli.
(2.) The facts in brief are that one Basu Dev, husband of Ramawati, died in an accident on 28.2.2012 while driving a motorcycle. Ramawati reported the matter to the police vide F.I.R. Dated 5.3.2012 registered as Case Crime No.84 of 2012 under Sections 279, 304-A I.P.C., Police Station Mill Area, District Raebareli. The said F.I.R. has been appended as Annexure No.3 to this petition. After conclusion of investigation, chargesheet bearing No.13 of 2012 dated 18.3.2012 was submitted before the Magistrate concerned indicating therein that the offending vehicle was a Mini Truck (Loader) bearing Registration No.U.P.-33 T-4802 driven by Lalit Kumar.
(3.) It is the claim of the petitioner that Ramawati engaged the petitioner for filing a claim petition to seek compensation under the Motor Vehicles Act for the death of her husband for which all the documents were handed over by her, to the petitioner. It has been pleaded that accordingly the petitioner filed a claim petition titled 'Ramawati, wife of Basu Dev, Ranjit Kumar and Sandeep Kumar, sons of Basu Dev Vs. Lalit Kumar Yadav driver of vehicle Mini Truck bearing Registered No.UP-33 T-4802 and owners of the vehicle as also I.C.I.C.I. Lombard General Insurance Company Limited who was the insurer of the alleged offending vehicle above mentioned. The claim petition is dated 22.3.2012 and has been placed on record as Annexure No.5.;