ANOOP GUPTA Vs. VANDANA

JUDGEMENT

(1.) The present petition is under Section 482 of the Code of Criminal Procedure for quashing the proceedings in case FIR No. 283/2003 dated 7.11.2003 under Sections 279, 337 of Indian Penal Code read with Sections 181 and 187 of the Motor Vehicles Act registered at Police Station Sundernagar District Mandi and also for quashing the judgment dated 16.01.2012 passed by learned Additional Sessions Judge Mandi in case Criminal Appeal No. 38 of 2008 arising out of judgment dated 18.6.2008 passed by learned Judicial Magistrate 1st Class, Court No.2, Sundernagar, District Mandi in case Police Challan No. 317-1/06 (new/76-1/04 (old) and all consequential criminal proceedings.

(2.) FIR No. 283 of 2003 stood registered in Police Station, Sundernagar, District Mandi on the basis of complaint made by complainant-injured, Vandana. The facts of the case are that on 7.11.2003 at about 4:20 p.m. complainant-injured, Vandana along with her sister Pooja were coming back from their school and about to cross the road, a scooter bearing registration No. HP-31-0675 came in a very high speed and hit the complainant, due to which impact she (Vandana) fell down on the road and sustained injuries on her mouth, teeth and other parts of the body. The name of the scooter rider could not be known because he fled away from the spot. Consequently, police conducted the investigation and came to the conclusion that accused/petitioner (Anoop Gupta) was driver of the scooter, hence a report under Section 173(2) of Cr.P.C. was filed for commission of offence punishable under Sections 279, 337 of IPC and Section 187 of Motor Vehicles Act.

(3.) The notice of accusation under Sections 279 and 337 of IPC and under Sections 181 and 187 of Motor Vehicles Act was framed against the accused by learned Judicial Magistrate 1 st Class, Court No.2, Sundernagar, District Mandi, to which accused pleaded not guilty and claimed trial.