SANDEEP CHODHA Vs. STATE OF H P

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (for short 'Code') has been preferred by the petitioner for quashing the order dated 15.03.2014 passed by the learned Judicial Magistrate Ist Class, Dalhousie, District Chamba, in Case No.1 of 2014, titled State versus Sandeep Kumar Chodha, whereby passport of the petitioner has been ordered to be deposited, with a further prayer for quashing FIR No.17/2014, dated 15.03.2014, under Sections 279, 337 and 304-A of the Indian Penal Code, registered at Police Station, Kheri, District Chamba, Himachal Pradesh.

(2.) It is alleged that the petitioner along with family members and friends i.e. Ms. Samita Sabharwal, w/o Sh. Ramesh Sabharwal, Ms.Swati, w/o Sh. Sanjeev Kapoor, along with a minor child of seven months had gone to Chamba in Car No.DL-IN-4558 and while returning home, all of a sudden, the Car skidded and slipped into the Dam Chora. This happened, all of a sudden, while the petitioner was giving pass to a vehicle coming from the opposite side and in this process, he took his Car towards the extreme left and unfortunately plunged into the Dam. All the occupants came out with their own efforts and with the help of some passers-by, but an infant i.e. seven months old child of respondent No.2 was washed away into the water along with the Car and till date neither the Car nor the infant have been traced. According to the petitioner, the aforesaid incident can be at the best described as an act of God as there was no rashness and negligence on his part.

(3.) The police lodged the complaint at the instance of respondent No.3 on the basis of which FIR No.17/2014 came to be registered against the petitioner.