PRAKASH LAL KHERA Vs. MOHD. ILIYAS

JUDGEMENT

(1.) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') has been filed on behalf of the Petitioner, Prakash Lal Khera for quashing of the Order dtd. 26/10/2016, passed by the Court of learned CMM (North West), Rohini, Delhi, who has summoned the Petitioner for the offence under Sec. 304A of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') in Complaint Case bearing CC No. 1594/2001.

(2.) Briefly stated, Respondent No. 2, Mohd. Iliyas filed a Complaint case bearing CC No. 1594/2001 against the Petitioner and two others, for having committed the offence under Sec. 304A of the IPC.

(3.) The basic averments made in the Complaint, were that the Respondent No. 2, Mohd. Iliyas was having his Jhuggi bearing Plot No. 138 WPIA, Delhi where he had been residing with his family since 1981. Aside from his Jhuggi, there were various other jhuggis of others, on the said plot.