JAI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition under S. 482, Cr. P.C. the accused-petitioner seeks quashing of criminal proceedings pending against him before the learned Additional Chief Judicial Magistrate, Bilara for the offences under Sec. 283 and 304A, IPC.

(2.) Brief facts which are necessary to dispose of this petition are that on 20-5-99, a first information report No. 180 was lodged by one Jagmal Ram Bishnoi at police station, Bilara for the offences under Ss. 279, 337 and 304A, IPC. After investigation, chargesheet No. 111 dated 31-5-99 was laid before the learned trial Court for the offence under S. 283, IPC. On 22-6-99, a report was filed by one Jogaram s/o Ramchand before the Additional Superintendent of Police (Rural), Jodhpur stating therein that on 20-5-99 at about 8.30 PM a tractor trolly duly loaded with fertilizers was negligently parked in the middle of Bilara-Bhavi road by its driver Jairam without there being any signal of its being stationary and as such three persons namely : Deva Ram, Narendra Singh and Om Prakash who were proceeding on a motor-cycle collided with the stationary trolly and sustained severe injuries. Ultimately due to this accident all the three succumbed to the injuries. On this report, the Additional Superintendent of Police (Rural), Jodhpur directed the Station House Officer, Bilara that if new facts are brought relating to the occurrence then further investigation be carried out. In pursuance of the aforesaid direction, the police investigated the matter and recorded the statements of Jagmal Ram on 24-7-99 and Jogaram and Shyamlal on 27-7-99. After recording the statements of the prosecution witnesses filed supplementary charge-sheet No. 111-A dated 30-7-99 against the petitioner for the offence under S. 304A, IPC. The learned trial Court by its order dated 28-8-99 took cognizance of the offence under S. 304A against the petitioner.

(3.) Being aggrieved by the order impugned dated 28-8-99 by which the learned trial Court took cognizance of the aforesaid offences, the petitioner filed this petition under S. 482, Cr. P.C. for quashing of the order taking cognizance and criminal proceedings.