MEENA SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner -SI in police invokes inherent jurisdiction of this Court under Section 561-A Cr.P.C seeking to quash FIR No.269/2014 dated 28.11.2014 registered at Police Station Gandhi Nagar, Jammu under Sections 279/337/338 RPC.

(2.) In the petition, it is stated that the petitioner never involved herself with the commission of any offence, muchless an offence under Sections 279/337/338 RPC for alleged commission of which the petitioner has been directed to present herself in Police Station Gandhi Nagar, Jammu in connection with filing of challan in FIR No.269/2014. It is further stated that an FIR No.269/2014 dated 28.11.2014 was registered in Police Station Gandhi Nagar, Jammu alleging that a car Wagon-R bearing registration No.JK02AM-1161, which was being driven by an unidentified/unknown driver in a rash, careless and negligent manner from Bikram Chowk Jammu towards Satwari at about 3.30pm and that when it reached near Police Station Gandhi Nagar, Jammu the offending vehicle hit an Eterno vehicle bearing registration No. JK02AD-6010 which was being driven by one Neeraj Vohra S/o Sh. Ved Parkash Vohra R/o F-5, Rani Park, Jammu and caused accident, as a result of which the aforesaid Neeraj Vohra, fell from his vehicle and suffered injuries in the accident, where after he was taken by the passersby to Govt. Medical Hospital Jammu where he was admitted for the grievous injuries suffered by him. It is further stated in the FIR that the driver of offending vehicle Wagon-R fled away from the scene of accident and in view of this offences under Section 279/337 RPC are alleged to have been made against the driver of the offending vehicle. There is not even a whisper in the FIR No.269/2014 that it was the petitioner, who was driving the offending vehicle (Car-Wagon-R) and that the accident was caused by negligent and rash driving by the petitioner. The investigation of the case was entrusted to the investigating officer, who recorded the statement of witnesses under section 161 CrPC, 1973 and as per the report submitted by SHO Model P/S, Gandhi Nagar Jammu to learned Chief Judicial Magistrate, Jammu on 10.12.2014, it was found during investigation that Wagon-R No.JK02AN-1161 was standing on the National Highway near Police Station Gandhi Nagar and the driver of Wagon-R was talking to someone and meanwhile a Eterno vehicle was coming from Bikram Chowk towards Satwari and as soon as the vehicle reached near the car, some Van bearing registration number not known and driver not known also coming from the same side hit the door of the Wagon-R on driver side, as a result of which the driver of the said Eterno fell down and was seriously injured and thereafter hospitalized. It is further stated that no evidence has come forth even during investigation that it was the petitioner who was driving the Van, which hit the vehicle Eterno on the driver side door of the standing vehicle (Wagon-R), as a result of which the vehicle driver fell down and was injured. The petitioner is posted at Sub-Inspector in Police Station Bari Brahmana, which is evident from copies of the Roznamcha Report of police station Bari Brahmana dated 28.11.2014 on which date, the petitioner was performing her official duty in connection with some cases registered in Police Station Bari Brahmana. It is further stated that so far so good, but suddenly, to the utter shock of the petitioner, a wireless message No.SDCS/17/2036 dated 21.02.2017 was received in the office of SSP Samba, directing the police to arrange the presence of the petitioner (Meena Sharma-SI P/S Bari Brahmana) in Police Station Gandhi Nagar, Jammu on 23.02.2017 in connection with challan of the case FIR No.269/2014 under Sections 279/337/338 RPC of Police Station Gandhi Nagar, Jammu to be produced against the petitioner in the Court of law for judicial determination.

(3.) The petitioner aggrieved of the direction issued vide Signal No.SDCS/17/3036 dated 21.02.2017 directing the petitioner to appear in Police Station, Gandhi Nagar, Jammu in connection with Challan filed against the petitioner in the Court in FIR No.269/2014 under Section 279/337 RPC on the following grounds: