RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) Crl. M.C. No. 2881/2007 This is a petition under section 482 Cr.P.C. for setting aside the orders dated 13.7.2004 passed by learned Metropolitan Magistrate and order dated 30.10.2004 passed by learned Additional Sessions Judge, Delhi, dismissing the revision petition filed against the order dated 13.7.2004 of the Metropolitan Magistrate and also for quashing of the proceedings against the petitioner in the case FIR No. 3/2002 under Section 304A IPC, titled State v. Rakesh Kumar.

(2.) Necessary facts which have led to filing of the present petition are that on 3.1.2002 at about 3:00 p.m. one constable Vijender Singh along with head constable Sh.Totaram, posted at East District Line as driver had come in a Government vehicle bearing No. DL IV-6092 at Kendriya Bhandar for purchasing some articles. Constable Vijender Singh parked the said vehicle at the side of Raisina Road and was standing on the footpath while Head Constable Totaram went to purchase some articles from Kendriya Bhandar. At about 4:25 p.m. the petitioner while driving a Government Traffic Crane bearing No. DL -1L-E-0611 came near the said vehicle as it was illegally parked. Sh.D.S. Basera, Traffic Inspector ordered the petitioner to remove the said vehicle from the no parking area. As directed by his superior, the petitioner put the hook of their Government Traffic Crane into the bumper of that vehicle and tightened the steel rope so that the vehicle could be lifted. Vijender Singh, driver of the said vehicle requested Sh.D.S. Basera, not to remove the vehicle as it belonged to East District Line and further stated that Head Constable Totaram had gone to Kendriya Bhandar for purchasing some articles and was about to return; Thereafter the traffic inspector Sh.D.S. Basera instructed the petitioner to loosen the hook of the crane from the said parked vehicle; As per the directions of his superior i.e. traffic inspector D.S. Basera, the petitioner loosened the iron rope and accidentally one iron hook struck on the head of a boy (Deepak), who was a member of the vehicle lifting squad, and thereby he sustained severe injuries. The injured, Deepak, was taken to the Ram Manohar Lohia Hospital by the petitioner as well as the said constable Vijender Singh, where the victim was declared brought dead.

(3.) On the basis of the statement/ complaint of Sh.Vijender Singh, an FIR No. 3/2002 was registered against the petitioner on the same date under sections 304 -A IPC. On 12-13/5/2003, the prosecution filed the charge-sheet/ challan before the trial court without taking sanction under section 140 of the Delhi Police Act. The trial court vide its order dated 13.5.2003 directed registration of charge-sheet and took cognizance against the accused (petitioner herein). Thereafter the petitioner is stated to have filed an application before the learned Metropolitan Magistrate for recalling the summoning order. Vide order dated 13.7.2004, the trial court dismissed the said application of the petitioner and further framed notice under section 251 Cr.P.C. against the petitioner. Aggrieved by the order dated 13.07.2004, passed by the learned Metropolitan Magistrate, petitioner filed revision petition under section 397 Cr.P.C. The said revision petition was, however, dismissed by the learned ASJ vide order dated 30.10.2004.