DINESH JATAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Applicant being accused has approached this Court through this application under Sec. 482 Code of Criminal Procedure seeking quashing of the impugned summoning order dtd. 20/7/2023 passed by Civil Judge (J.D.)/ Judicial Magistrate, Konch, District Jalaun by disagreeing with the final report under Sec. 173(2) Cr.P.C. filed in Criminal Case No. 925 of 2023, titled Rinku Jatav Vs. Dinesh Jatav, arising out of Case Crime No. 57 of 2019, under Ss. 279, 304-A I.P.C., Police Station Kotwali Konch, District Jalaun.

(2.) The facts leading to the application are as under:-

(3.) The above F.I.R. was registered on the basis of the complaint given by complainant Rinku Jatav, who alleged that he is a resident of village Unchagaon, District Jalaun and on 1/2/2019, the date of incident, at around 8:00 AM complainant's brother Mansingh Jatav s/o Sri Panna Lal was going from his house at Unchagaon to village Bhed, Police Station Konch, District Jalaun on his motorcycle bearing registration no. CG 085 6288. Mansingh Jatav was accompanied by pillion riders namely, Churaman Jatav and Parshuram Jatav both sons of Mohan Lal r/o village Unchagaon. At around 11:00 AM, when his brother's motorcycle reached near village Gurawati, Police Station Konch, District Jalaun near a turn, then the motorcycle bearing registration no. U.P. 92 R 7650 driven carelessly by Dinesh Jatav s/o Ramsiya r/o village Unchagaon, Police Station Kailiya, struck the motorcycle of complainant's brother and it resulted in serious injuries leading to death of his brother. Complainant prayed that lawful action be taken against the accused persons. On these broad allegations, the above F.I.R. was registered against the accused, for the alleged commission of offences punishable under Ss. 279 and 304-A I.P.C.