STATE Vs. RADHASHYAM SHARMA

JUDGEMENT

(1.) THIS is a reference by the Additional District Magistrate, Kalahandi, recommending the setting aside of the order dated 3 -9 -1961 passed by the S.D.M. of Dharamgarh declining to take cognizance of an offence under Section 279 Indian Penal Code on receipt of a charge -sheet from the police.

(2.) THE police of Junagarh filed a charge -sheet before the learned S.D.M. for prosecution of the driver of truck ORH 388 on the allegation that it was driven in a rash and negligent manner so as to endanger human life on 13 -7 -1961 at 1 p.m. It appears that the truck actually dashed against a tree by the side of the road and was damaged. When the charge -sheet was submitted to the learned S.D.M. he wrote out the following order:

(3.) BUT on merits the order of the Magistrate cannot be justified. It does not appear that he perused the case diary or examined the statements made by the witnesses before the police. I find that 8 witnesses had been mentioned in the charge -sheet. The very fact that the truck left the road and dashed against a tree may lead to a prima facie inference that the driver drove it rashly and negligently .There was therefore adequate material for the magistrate to try the accused. I would therefore, while disagreeing with the view of the learned Additional District Magistrate regarding the applicability of Chapter XVI of the Code of Criminal Procedure to an offence of this type, set aside the order of the Magistrate dated 3 -9 -1961, direct him to take cognizance on the charge -sheet and dispose of the same according to law. Reference accepted.