C.V. Bhadang, J. - (1.) Rule, made returnable forthwith. Shri Rivankar, the learned Public Prosecutor waives service on behalf of respondent nos.1 and 2. Shri Menezes, the learned Counsel for the third respondent waives service. Heard finally by consent of the parties.
(2.) By this petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code (the Code, for short), the petitioner is seeking quashing of the Criminal Case No.438/2015/D, pending before the learned Judicial Magistrate, First Class at Mapusa.
(3.) The brief facts, necessary for the disposal of the petition may be stated thus : The petitioner is working with Inter Globe Aviation Limited (IndiGo Airlines) as, Manager in flight operations, at Indira Gandhi International Airport, New Delhi. The petitioner along with one Mr. Chetan Katiyal, since deceased, had come to Goa in the month of March 2015 for official meet organised by IndiGo Airlines. The deceased Chetan Katiyal also happened to be an employee of IndiGo Airlines. It so happened that on 11/03/2015, while the petitioner and Chetan Katiyal were visiting some tourist places in Goa, they met with an accident, in which the scooter, on which both of them were travelling, jumped a speed breaker, as a result of which, the petitioner and Chetan Katiyal fell down, in which Chetan Katiyal sustained injuries, to which he subsequently succumbed. Chetan Katiyal was a pillion rider on the scooter, which was being driven by the petitioner. On the basis of a complaint lodged by Head Constable Bhikaji Salgaonkar, an offence came to be registered against the petitioner under sections 279 and 304-A of Indian Penal Code (IPC, for short) and the petitioner is presently facing prosecution in respect of the same in the aforesaid Criminal Case before the Judicial Magistrate First Class at Mapusa.;