NAVEEN CHANDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard Mr. Rakesh Thapliyal, Advocate for the petitioner, Mr. Amit Bhatt, Addl. GA for the State and Mr. Pratiroop Pandey, Advocate for the respondent no. 2.

(2.) This petition under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC) has been filed for quashing the entire proceedings of Criminal Case No. 1182/2005, State v. Naveen Chandra under Section 279, 337, 338, 304-A IPC pending in the Court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

(3.) Facts, in brief, are that on 18.10.2004 at about 2.30 pm, when Gopal Sheel was standing beside the road in front of FCI, a Marshal vehicle bearing registration no. UP-04-4243 came rashly and negligently and dashed Gopal Sheel, due to which he sustained severe injuries. The deceased was admitted in Jawahar Lal Nehru hospital in semi conscious state, from where he was referred to Sushila Tiwari Hospital, Haldwani and thereafter he was referred to Keshlata Hsopital, Bareilly. This incident was witnessed by the respondent no. 2 Sushant Rai as well as Ranjeet Tiwari and Arun Das who were sitting in a nearby tea stall. Thereafter respondent no. 2 Sushant Rai lodged an FIR with PS Rudrapur on 19.10.2004 with these averments. On the basis of this FIR, a case was registered against the petitioner under Section 279, 337, 338 IPC. Subsequently injured Gopal Sheel died. After the investigation, the I.O. submitted a chargesheet against the petitioner under Section 279, 337, 338, 304-A IPC. Hence, this petition.