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Petition /sec. 482 of crpc for the offence u/sec.304a of ipc

(Querist) 08 May 2018 This query is : Resolved 
Mr. Wintson Brown has been appointed as Ambassador to UK in India and assumed charge in India. He wanted to visit some important places in India, hence he decided to tour in North India in his individual capacity not as holding the post of Ambassador. Accordingly Mr. Winsten Brown took a car belonging to Mr. Kuldeep Yadav at Samitripur, Bihar so as to visit some historical places in Bihar. Mr. Wintson Brown accordingly engaging any person to drive the car himself started driving the car. Mr. Wintson Brown, while driving the car rashly and negligently dashed against a child aged about 8 years. The child was crossing the road innocently. In the said accident, the child died on the spot.
On seeing the scene Mr. Gurudev a Police constable, who was on duty at the spot arrested the driver of the car and registered the crime 222/18 against both driver and the owner(i.e Mr. Kuldeep Yadav) and submitted Fir to the jurisdiction Police station for the offence punishable U/sec. 304A of IPC. Later both were released on bail by the Police.
Being aggrieved by the same, both Mr. Wintson Brown and Mr. Kuldeep Yadav have preferred the criminal petition separately before the Hon’ble High Court of Bihar U/sec. 482 of Cr.P.C against the state.
Mr. Wintson Brown challenged the FIR in Criminal Petition No. 248/18 on the ground that he being the Ambassador to U.K. in India, is protected from Law and there is immunity, hence the registration of crime in No. 222/18 is illegal and the same is liable to be set aside. On the other hand, the state of Bihar justified the action on the ground that he committed the alleged offence in his individual capacity.
Mr. Kuldeep Yadav also challenged the FIR in Criminal petition No. 223/18 on the ground that he is not criminally liable to be punished for the offences punishable U/sec. 304A of IPC as he has not committed the alleged offences. The state objected that he being the owner of the Car, is liable for criminal action.
Ms.Usha Kapoor (Expert) 09 May 2018
The contention of State of Bihar is right. He drove the car in an individual capacity and not as an abassido0r of UK in India hence he is liable under section 304A r/w section 482 Cr.P.C. Similarly Kuldeep Yadav as th owner of the car is personally liable. under 304A IPC r//w 482 Cr.P.C.
rajeev sharma (Expert) 09 May 2018
Pushpa ji we are not here to solve moot court problems
Dr J C Vashista (Expert) 09 May 2018
I endorse the expert opinion of Mr. Rajeev Sharma. Seek guidance of your tutor.


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