LALITA PRAKASH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner, mother of deceased Ajay Gupta, seeks setting aside of judgement dated 9.3.2017 passed by learned Additional Sessions Judge, Panchkula, whereby a revision petition challenging order dated 12.10.2016 passed by trial Court has been accepted and the order of the trial Court permitting further investigation in terms of Section 173(8) Cr.P.C. has been set aside.

(2.) Ajay Gupta, a professional cyclist, got killed when he was hit by a car which was allegedly being driven at a high speed and in a negligent manner by accused-respondent No. 2 Sunil Kumar. Ajay Kumar was removed to General Hospital, Sector 6, Panchkula, by the police where he was declared dead.

(3.) Fir was registered against the accused for offences under Sections 304-A and 279 of IPC. Upon conclusion of investigation, challan was presented in the Court of JMIC Panchkula on 18.8.2016. However, the petitioner, mother of deceased, appeared before the Deputy Commissioner of Police, Panchkula on 5.10.2016 and submitted an application for further investigation in the matter wherein it was inter-alia averred that the deceased was a professional cyclist and had a passion for organising sports as well and had been cycling all over the world and had a good sense of traffic rules and regulations and that since the accused had fled away from the spot after commission of crime though he himself was a doctor, the same was indicative of his malafide intention. It was further submitted therein that CCTV footage of the cameras installed at Hotel Bella Vista and at other places in the vicinity should also be collected so as to establish the manner of accident.