RAPJYOTI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.C.K. Hazarika, the counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam.

(2.) This is an application under Sec. 397 read with Sec. 401 of the Criminal Procedure Code challenging the judgment and order dtd. 20/3/2010 passed by the learned learned Judicial Magistrate First Class, Nagaon, Assam in G.R. Case No.1820/2005.

(3.) On 25/10/2005, the petitioner was driving a TATA Sumo Vehicle bearing Registration No.AS-02A-5235. Near Agriculture University Complex at Shillangani, Nagaon, the said vehicle ran over a school girl. She was immediately taken to the hospital but she succumbed to her injuries. On the basis of an oral complaint, Nagaon Police Station registered the G.D. Entry No.505 dtd. 25/10/2005. A person called Siddique Ali had lodged an FIR before police. Finally, police filed the charge sheet under Ss. 279, 304-A, 338 of the Indian Penal Code against the present petitioner.