AMITABH SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition arises out of the orders of the learned Judicial Magistrate Ist Class, Manali, dated 29th March, 2004. The order reads as under :

(2.) In order to appreciate the controversy, few facts may be noticed. It appears, from the records, in a case registered with Police Station, Manali for the offences punishable under Section s 279 and 337 of the Indian Penal Code, in terms of FIR No. 193 of 1997, a cancellation report was submitted by the Superintendent of Police, Kullu by his letter dated 23rd August, 1997 saying that the complainant during investigation stated that he was standing on the road. When suddenly he ran to cross the road and struck against a vehicle. He could not know how the accident occurred. It is on the basis of this statement recorded by the police that cancellation report was submitted in the Court.

(3.) The complainant lodged protest against the cancellation report. Learned trial Magistrate by his detailed orders dated 28th May, 2001 disagreed with the cancellation report and took a view that cancellation report submitted by the investigation officer is not correct. He found that prima facie case was made out against the aforesaid accused for which he took cognizance. The order dated 28.5.2001 reads :