SUDHIR JAIN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is a petition filed by the petitioners under Sec. 482 Cr.P.C. seeking quashing of FIR No. 471/2022 under Ss. 279/337/307/427/109 IPC and Ss. 3/181/185/188 of Motor Vehicles Act registered at Police Station Prasad Nagar and all proceedings emanating therefrom.

(2.) In brief the facts of the case are that on 19/9/2022, a PCR Call was received in Police Station Prasad Nagar, Delhi vide DD No. 61 at 20:31 hrs and the PCR call was marked to ASI Ishwar who alongwith Ct. Akhilesh went to the place of incident where the driver of the offending vehicle, namely, Sudhir Jain (Petitioner herein) was present. The injured, namely, Himanshu had already been shifted to BLK Hospital so ASI Ishwar rushed to BLK Hospital and found the injured to be admitted in the said hospital vide MLC No. 572/22 in which the Doctor mentioned "Alleged H/o RTA at Padam Singh Road. Pt hit by moving car. No. DL 7C9954 H/o LOC/ Vomitting/ Convulsion/ ENT Bleeding. OE conscious, oriented". Thereafter, the statement of injured-Himanshu s/o Sh. Ranvir Singh R/o 5550/74, Regarpura, Padam Singh Road, Karol Bagh New Delhi, Age 26 yrs was recorded in which he stated that he has a shop of disposable paper, plates items on the ground floor of his house and at about 7:30 PM while he was parking his scooty around the front of his shop, he was hit by the offending vehicle No. DL7CG9954. The offending vehicle dragged him with his scooty for a few metres resulting in injuries to him and damage to his scooty and other vehicles parked on the roadside. It is further alleged that he suffered injuries because of rash and negligent driving by the driver of the offending vehicle who was in a drunken state.

(3.) On the basis of the statement of the injured/complainant, the case vide FIR No. 471/2022 dtd. 19/9/2022 under Ss. 279/337 IPC was got registered at Police Station Prasad Nagar.