VIJAY PAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition moved under section 482 of Code of Criminal Procedure 1973, (for short Cr.P.C,) the petitioner has sought quashing of the order dated 12.05.2005, passed by Ist Special Judicial Magistrate, Haridwar, in criminal case no. 804 of 2003, whereby said court has directed that the case be committed to the court of Sessions for trial.

(2.) Heard learned counsel for the parties and perused the papers on record.

(3.) Brief facts of the case are that on 09.11.2001, complainant Ved Prakash's daughter Pragya aged 17years was going on bicycle at 6:30 a.m. to her school. At that point of time a `matador' hit her in Jwalapur and she died. The complainant Ved Prakash lodged first information report alleging that under a conspiracy the accused murdered his daughter by getting `matador' bearing registration no. U.P.07 1772. However, after investigation police submitted charge sheet against the petitioner Vijay Pal in respect of offences punishable under section 279, 304A and 427 IPC. It appears that during the trial when PW1 Rajpal and PW2 Gyanchand were examined, the Magistrate took the view that since the witnesses are alleging that the deceased was murdered, it passed impugned order directing the case be committed to the court of Sessions for trial in respect of offence punishable under section 302 IPC read with section 120B IPC.