ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been filed against the order dtd. 27/1/2022 passed by the learned Judicial Magistrate First Class, Amb, District Una, H.P. (learned Trial Court) vide which the closure report submitted by the police was accepted. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the informant, Sangeeta Devi, reached the main road near Ambedkar Bhawan and found a truck bearing registration No. HP-19C-8398 parked on the road 7/1/2019. A Scooty bearing registration No. HP-19A-0150 came at a high speed and hit the rear side of the Truck at about 6:15 PM. The occupants of the Scooty fell. They were taken to the hospital, and an intimation was given to the Police. The name of the Scooty driver was found to be Jaswinder Singh, and the name of the pillion rider was found to be Asha Kumari. The accident had occurred due to the high speed of the Scooty and the negligence of Jaswinder Singh. The police registered the FIR and investigated the matter. The police found that the truck was parked towards the left side of the road on the unmettalled portion. Its parking light was also switched on. The informant's statement was recorded to this effect. Jaswinder Singh succumbed to his injuries; hence, the closure report was prepared and submitted to the Court.

(3.) Learned Trial Court issued the notice to the informant. The informant did not appear despite service, and the learned Trial Court accepted the closure report after going through the record.