BABITA PAWAN JHA vs THE STATE OF MAHARASHTRA

Judgment text excerpt

907. WP(ST) 760-2024 (J).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION (ST) NO. 760 OF 2024 ANAND Mrs. Babita Pawan Jha .. Petitioner SUDHAKAR Age : 50 years, Occ : Housewife SUDAME Indian inhabitant Digitally signed R/at : Vimladevi Chawl, by ANAND Gaodevi Road, Poisar, SUDHAKAR Kandivali (E), SUDAME Date: Mumbai – 400 071. 2025.09.03 15:09:18 +0530 Versus The State of Maharashtra .. Respondents (At the instance of Inspector of Police, Bangur Nagar Police Station) Mr. Bharat V. Bhatia i/b. Ms. Rita Bhatia a/w. Ms. Priyanka Pardeshi & Ms. Kirti S. Kataria, Advocates, for the Petitioner Ms.Gauri S. Rao, APP, for the Respondent – State Mr. Revendra Avhad, Sr. PI a/w. Mr. Ashfaque Shaikh, PI, Bangur Nagar Police Station present CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ. RESERVED ON : 26th August, 2025 PRONOUNCED ON : 3rd September, 2025 _______________________________________________________________ Anand 1/8 907. WP(ST) 760-2024 (J).odt JUDGMENT (PER : GAUTAM A. ANKHAD, J.) 1. Rule. Rule is made returnable forthwith. The matter is heard finally with the consent of the parties. 2. On 17th August 2022, the Petitioner lodged a complaint against unknown persons/truck driver for causing the death of her son, who was riding a two-wheeler scooter bearing No. MH-05-EF-4731. The incident took place near Raunak Masjid, New Link Road, Malad, Mumbai. Pursuant thereto, Bangur Nagar Police Station registered C.R. No. 651 of 2022 dated 17 th August 2022, under Sections 209 and 304-A of the IPC and Sections 134(A) and 134(B) of the Motor Vehicles Act, 1988. 3. As per the FIR, a speeding truck hit the scooter from behind, causing the Petitioner’s son to fall. His helmet was dislodged, and he was subsequently run over by the tru