(1.) BY filing this criminal miscellaneous application, under Section 482 CrPC, the applicant has prayed to quash the order dated 16.3.2006, passed by the learned Additional Sessions Judge, Haridwar as well as the order dated 11.8.2005, passed by the Judicial Magistrate, Roorkee.
(2.) BRIEFLY stated facts of the case are that on 4.5.2005, at about 6 pm, Smt. Shimla Devi, the wife of the applicant, died in a road accident, when she was standing on a public road at Roorkee and a motorcycle came from Ramnagar side and dashed her. She suffered head injuries in the said accident. She was taken to the nearby nursing home, where she succumbed to her injuries. The applicant alleged that the said motorcycle was being driven rashly and negligently. The police did not lodge any FIR. Therefore, the applicant moved an application under Section 156(3) Code of Criminal Procedure before the Judicial Magistrate, Roorkee. To judge the veracity of the allegations, a prima facie report was called for from the concerned police station by the said Magistrate. On enquiry, it was found that the accident occurred when Smt. Shimla Devi was trying to cross the road. While trying so, all of a sudden, she slipped on the road and fell down in the midst of the road. Meanwhile, a motorcycle came and hit the body of Smt. Shimla Devi causing her head injury. She was taken to the nearby nursing home, where she was declared dead.
(3.) AS stated above, the applicant had himself admitted that none was at fault for the said accident. Further, the deceased could not hold her balance and fell down on the road while trying to cross the same. The applicant's complaint under Section 156(3) Code of Criminal Procedure has already been rejected by the Magistrate concerned after calling for report from the concerned police station, which was affirmed by the Sessions Judge in revision. Therefore, in the above stated facts and circumstances of the case, I do not find any illegality or impropriety in the impugned orders passed by the courts below.