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Bombay HC: quashes FIR for rash driving, orders probe against IO for delay in filing report

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The Bombay High Court quashed criminal proceedings against a 27-year-old Kurla man in almost seven years old case of rash riding motorcycles.

The division bench of Justices SS Shinde and Manish Pitale observed that the police officials delayed filing report against the man for more than a year and the magistrate overlooked the delay.

The Court further directed Mumbai Police Commissioner to institute appurtenant scrutiny against the Investigating Officer over kindling delay in such ‘trivial matter’ and produce the report within three months.

The Plea was filed seeking quashing of FIR and setting aside of criminal proceedings stating that the stipulated time by law had expired.

A Bandra police constable lodged the FIR charging the petitioner along with 13 others under Sections 279 (rash riding or driving on a public way) and 336 (act endangering life or personal safety of others) of the Indian Penal Code.

Shravan Giri, representing the petitioner, submitted that the case is still awaiting trial and the Roznama has not been properly maintained by the Magistrate Court.

The bench perused the submissions and observed, “The request for remanding the matter back to the magistrate cannot be granted. There is nothing to show hat the magistrate either applied his mind to the aspect of expiry of limitation or condoning the delay”.