- (1.) Petitioner Brandon Desouza has filed this application under Sections 482/397/401 of the Code of Criminal Procedure for quashing the charge-sheet being No. 204 of 2012 dated 13.10.2012 under Sections 279/338 of the Indian Penal Code. Contending inter alia the petitioner has stated that Lake P.S. Case No. 143/2012 dated 02.05.2012 was started under Sections 279/338 of the Indian Penal Code against the driver of offending vehicle bearing No. WB-02Z-8681 as the said vehicle dashed one scooter bearing registration No. WB-01P-3455 from behind and caused injury to the rider of the scooter due to rash and negligent driving of WB-02Z- 8681 vehicle and the driver fled away with his car. On 03.05.2012 petitioner's son Ishan Clarence Desouza, surrendered claiming himself as driver of the offending vehicle in the Court of Chief Judicial Magistrate, Alipore, South 24 Parganas and was released on bail. Subsequently, in that case charge-sheet has been submitted against the petitioner instead of his son Ishan Clarence Desouza without any reason and so the charge-sheet is liable to be quashed.
(2.) At the time of hearing learned Advocate for the petitioner has submitted that the petitioner is only the owner of the offending vehicle but in no way he is connected with the alleged accident and as such, the charge-sheet submitted against him is liable to be quashed. After careful consideration on the averments of petitioner's application and its annexures it appears that in the first information report (F.I.R.) name of the driver of the offending vehicle was not mentioned but petitioner's son voluntarily surrendered in Court claiming himself as the driver of the offending car at the relevant time of accident. At that time it was not possible for the learned Court below to ascertain as to who was actually driving the offending vehicle at the time of accident and as such acceptance of surrender by petitioner's son as accused was normal. It does not mean that police would also be abide by such surrender of petitioner's son and would not be able to submit charge-sheet against the actual driver according to police investigation. At this stage, this Court, not sitting as fact finding Court, does not find any reason to quash the charge-sheet.
(3.) Having no merits in the petitioner's claim this application is dismissed. Urgent photostat certified copy of this judgment, if applied for, be supplied to the parties or their advocates promptly observing all legal requisite formalities.;