RAVINDER CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition has been directed against the summoning order dated 12.05.2010 and notice of accusation order dated 30.09.2010 passed by learned Judicial Magistrate Ist Class (5), Shimla, under Sections 279,337, 338 IPC and Section 181 of the Motor Vehicles Act, 1988, and for quashing of proceedings in Case No.16-2 of 2010 pending in that Court.

(2.) THE facts, in brief, are that according to the prosecution on 20.12.2009 at about 11.00 p.m., petitioner was reversing his car at a link road in lower Kaithu, Shimla. THE car rolled down at the dumping site of 'P.K. Construction Road', resulting in injuries to the petitioner, no- one was in the car except the petitioner. THE accident took place due to rash and negligent driving of the petitioner. THE learned Magistrate took cognizance of the offences vide order dated 12.05.2010. THE notice of accusation was put to the petitioner on 30.09.2010. THE petitioner filed revision against the orders dated 12.05.2010 and 30.09.2010 which was dismissed by learned Additional Sessions Judge on 07.03.2012 on the ground that the impugned orders were interlocutory.

(3.) HEARD and perused the record. The learned Magistrate issued process to the petitioner on 12.05.2010. The notice of accusation was put to the petitioner on 30.09.2010 for offences punishable under Sections 279, 337, 338 IPC and Section 181 of the Motor Vehicles Act. It has been contended on behalf of the petitioner that the accident took place on a private road, no-one except petitioner as per prosecution case was in the vehicle at the time of the accident, hence, petitioner has not committed offences punishable under Sections 279, 337 and 338 IPC. The petitioner submitted driving licence to the Investigating Officer which is valid up to 17.08.2013, therefore, offence under Section 181 of the Motor Vehicles Act is also not made out. On behalf of the State, the impugned orders have been supported.