PARSHURAM YADAV v. STATE (THROUGH THE PERNEM POLICE

Mr. S.C. Kushwaha, Advocate for petitioner. Mr. C. A. Ferreira, Public Prosecutor with Mr. Kapil Kerkar, Advocate for the respondent. Coram:- U. D. SALVI, J. Date:- 20th November, 2009 P.C. Heard.

Perused petition and the annexures there with. The applicant, who professes to be driver/manager of Swami Transport Company of Lucknow and authorised agent of Tata Motors Ltd., Margao Goa at Lucknow finds condition of additional surety in the impugned order releasing the truck rather in convenient. It is submitted on behalf of the State that they are proposing to assail the impugned Order on the ground that the learned trial Court ought not to have released the truck involved in the serious accident to be handed over to the applicant and not the owner of the truck without verifying the credential of the applicant. It is pointed out that the applicant has given his address at Chattisghad whereas so called owner of the Swami Transport is shown to be based at Lucknow.

At this stage the learned Advocate Kushawa representing the applicant submitted that he would not press for this application and would prefer to wait till the disposal of the trial below if the trial is expedited. State has no problem with the expeditious disposal of the criminal case no.51/2009 in which the vehicle in question is involved.

The State reveals that the chargesheet has been lodged and numbered as Criminal Case no. 51/2009 under section 279, 304-A, 427 of Indian Penal Code, 1860 and 134(a) and (b) of Motor Vehicle Act, 1988, the Court of Judicial Magistrate First Class, Pernem-Goa.

Hearing and disposal of the criminal case no. 51/2009 is expedited. Learned J.M.F.C., shall endeavor to dispose off the said case as expeditiously as possible.

Criminal Writ Petition no.85/2009 stands disposed off accordingly. U. D. SALVI, J.