VARUN GALHOTRA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner-accused [Varun Galhotra @ Vanu] has come up before this Court under Sec. 482 of Criminal Procedure [hereinafter referred to as 'Cr.P.C.'], seeking quashing and setting-aside the FIR No.0096 of 2019 under Ss. 279, 337, 304-AA of the Indian Penal Code [hereinafter referred to as 'IPC'] read with Sec. 185 of the Motor Vehicles Act [hereinafter referred to as 'ACT'] registered on 22/6/2019, at Police Station Dharamshala, District Kangra [H.P.] and the criminal proceedings arising therefrom which are pending before the learned Judicial Magistrate, First Class, Dharamshala, District Kangra [H.P.] in Police Challan No. 203 of 2019 titled as State of H.P. versus Varun.

(2.) Factual matrix is that on 22/6/2019, a person, named Vishal informed the police; namely Chandan telephonically that a vehicle met with an accident, as it had overturned near village Kandi, on Khaniyara road. Thereafter, police officials found that a car bearing No.PB-052-3007, got struck with a water pipe and a young man was found trapped between the pipe and the vehicle. On inquiry by the police, it was found that Varun Galhotra [Petitioner], Saurav, Baljinder Singh and Lavish Galhotra were travelling together and this vehicle was driven by Varun Galhotra [Petitioner]. After the accident, injured persons were taken to hospital and were medically examined. However, Lavish Galhotra [son of respondents No.2 &3], was declared dead by Medical Officer. On the basis of this, an F.I.R No. 0096/2019 dtd. 22/6/2019 was registered under Sec. 279, 337, 304AA and 185 of the Motor Vehicles Act.

(3.) Consequent upon the registration of FIR on 22/6/2019 (Annexure P-1), the police conducted the investigation, whereafter the petitioner-Varun Galhotra was arrayed as an accused in the matter. Investigation narrates that the accident occurred due to rash and negligent driving of the petitioner [Varun Galhotra], who was driving the vehicle-Alto Car, bearing Registration No.PB-052-3007, resulting in death of Lavish Galhotra.