MIR MOHAMMAD MUNAFF Vs. STATE OF J&K

JUDGEMENT

(1.) / The petitioners " father son duo, have invoked the extra ordinary writ jurisdiction of this Court, vested by article 226 of the Constitution of India, for quashing order dtd. 26/12/2018, passed by the learned Judicial Magistrate, Chadoora (Badgam), in Challan produced by police station, Nowgam, Kashmir, in F.I.R No. 76/2018 u/s 279 and 337 RPC. The petitioners also seek a direction for calling upon the respondents to take strict action against the Investigation Officer, who has conducted the investigation in the said FIR. The petitioners further seek compensation from the respondents for loss of life and property caused to them due to motor vehicle accident, which was the subject matter of investigation in the FIR 76/2018.

(2.) / Briefly stated, the facts leading to the filing of this petition, as narrated by the petitioners in the petition, are that in the year 2018, a motor vehicle accident took place at the traffic signal near Nowgan, Pehru Chowk, in which the stationary vehicle of the petitioner No.2 was hit by the vehicle of respondent No. 10 ["the accused"]. In the accident, the vehicle of petitioner No.2 was extensively damaged and his family members, sitting therein, got injured. In this regard F.I.R No. 76/2018 u/s 279 and 337 RPC came to be registered in police Station, Nowgam. Investigation was taken up by the Investigation Officer, which ultimately culminated in presentation of Challan against the accused u/s 279 and 337 RPC before the learned Judicial Magistrate, 1st Class, Chadoora, Badgam.

(3.) / On the matter coming up for consideration before the learned Magistrate, the accused pleaded guilty to the charge and confessed to the crime. The learned Judicial Magistrate, 1st Class, Chadoora, recorded the confession of the accused and vide order impugned, convicted him for the commission of offences punishable u/s 279 and 337 RPC and sentenced him to a fine of Rs.600.00. It is this order which the petitioners are aggrieved of. They have filed the petition, primarily on the ground that the petitioner No.2, whose vehicle was seriously damaged in the accident and who lost his grandmother on 31/10/2018, has not been heard in the matter and the accused has been let off with a meager fine of Rs.600.00. The petitioners claim that the mother of petitioner No.1, who had received injuries in the said accident, died on 31/10/2018 because of shock and, therefore, the Investigation Officer ought to have included the charge of 304-A also, while investigating the matter.