GURMEET KOUR Vs. STATE AND ORS.

JUDGEMENT

(1.) Originally a writ petition was filed by petitioner, which was numbered as OWP No.275/2005; but on 14.5.2009, it was treated as Revision and has been numbered as Cr. Rev. No.44/2009. Through the medium of present revision petition, petitioner seeks issuance of direction thereby directing the respondents to investigate the matter in case FIR No.127/2004 dated 11.12.2004 and present the challan under proper Sections before the competent Court of law for trial.

(2.) It is stated in the petition that the petitioner on 11.12.2004 left her house for Main Road Kunjwani and at about 12.30 p.m., the petitioner was on her way on the road which leads from Village Bandhu Rakh to Main Road, Kunjwani and when the petitioner reached near J.K. Public School, Kunjwani, Jammu a Maruti Car bearing Registration No. JK-02T-5515 driven by the respondent No. 6 in a rash and negligent manner hit the petitioner from the back and cause serious injuries to the petitioner. The petitioner was being seriously injured shifted from the place of accident to the Govt. Hospital, Gandhi Nagar, Jammu. The petitioner remained hospitalized in Govt. Hospital Gandhi Nagar, Jammu for three days. The case of the petitioner was registered as an MLC case under No. 1261.

(3.) It is also stated that because of the serious injuries caused to the petitioner by the rash and negligent driving of respondent No. 6 the condition of the petitioner became deteriorated and on 14.12.2004 the petitioner was shifted from Govt. Hospital, Gandhi Nagar, Jammu to Govt. Medical College, Jammu. The case of the petitioner was registered as MLC case under No. 6970 in Govt. Medical College, Jammu. There were multiple injuries on the body of the petitioner and the petitioner was also caused a fracture in the left hip. The petitioner was operated in Govt. Medical College, Jammu and the petitioner was remained hospitalized in Govt. Medical College Hospital, Jammu from 14.12.2004 up to 29.12.2004 i.e. for 15 days. The condition of the petitioner has not still improved and the petitioner is still under treatment and the doctors have advised the petitioner to further come for regular check ups and operation. That immediately after the accident i.e. on 11.12.2004, the husband of the petitioner approached the concerned police station i.e. Police Station, Gangyal, Jammu for lodging the FIR against the respondent No. 6 in proper Sections as there was a fracture in the left hip of the petitioner and there were also multiple injuries on the body of the petitioner. The husband of the petitioner further stated that the case of the petitioner has been registered as MLC case No. 1261 in Govt. Hospital, Gandhi Nagar, Jammu and MLC case No. 6970 in Govt. Medical College Hospital, Jammu as the petitioner was referred from Govt. Hospital Gandhi Nagar, Jammu to Govt. Medical College Hospital, Jammu being a case of serious nature. All the relevant documents are filed as Annexures.