RAJVINDER SHARMA Vs. STATE OF H P

JUDGEMENT

(1.) Present petition has been preferred under Section 482 Cr.P.C. for quashing of FIR No. 146 of 2018 dated 14.6.2018, registered at P.S. Sadar Chamba, District Chamba under Sections 279, 337 and 304-A IPC on the grounds that accident has not taken place on account of rash and negligent act of petitioner and the complainant has been lodged on the basis of statement of a witness, who is not an eye witness, and none of statements, recorded by police under Section 161 Cr.P.C., discloses the rash and negligent act on the part of petitioner in driving the car at the time when accident had taken place and, therefore, there was no evidence before the Magistrate for taking cognizance against the petitioner and in the light of evidence trial is likely to culminate into acquittal of petitioner and thus, for want of evidence, the FIR as well as consequential proceedings arising thereto deserve to be quashed.

(2.) Petition has been opposed by respondent/State on the grounds that in the present case wife of petitioner has expired in accident and therefore, petitioner has committed a grave offence, as made out prima facie on the basis of evidence collected by Investigating Officer and thus, petition deserves to be dismissed.

(3.) Copy of challan along with evidence collected by Investigating Officer, presented in Court, has also been produced by the respondent/State.