LAWS(SC)-2015-1-55

MANIK TANEJA Vs. STATE OF KARNATAKA

Decided On January 20, 2015
Manik Taneja Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by Special Leave arises out of the judgment dated 24.04.2014 passed by the Karnataka High Court in Criminal Petition No.252 of 2014, in and by which, the High Court, while dismissing the petition, held that the petition is premature and the same is filed even before the completion of the investigation.

(3.) Brief facts which led to the filing of this appeal are as under:- The appellant No.1 and his wife Sakshi Jawa met with an accident with an auto rickshaw on 13.06.2013 at about 10.30 in the morning, while Sakshi Jawa was driving Maruti SX4 KA-03-MM-8646. One of the passengers, who was travelling by the auto, namely Mrs. Laxmi Ganapati, sustained injuries and she was duly admitted in the Santosh Hospital for treatment. Sakshi Jawa, the appellant No.2, is said to have paid all the hospital expenses of the injured and the matter is said to have been amicably settled between the injured and the appellants and no FIR was lodged. The Constable, who was present at the time of incident, directed the appellants to meet Mr. Kasim, Police Inspector, Pulakeshi Nagar Traffic Police Station, Bangalore City. The appellants allege that as soon as they entered the office of Mr. Kasim, he behaved in a rude manner. Further, Mr. Kasim summoned the appellant No.2 to produce her driving licence and other documents. As at that time no FIR was lodged, the appellant No. 2 questioned the Police Inspector as to why she was being asked to produce those documents. Mr. Kasim, in reply, is alleged to have threatened appellant No.2 by saying that he would drag her to court if she continued to argue and she was also thrown out of his office. On the orders of Mr. Kasim, his deputy told the appellants that they are booking them on the charge of rash and negligent driving.