VIMLA (SMT.) Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This petition has been filed against the order dated 18.1.2008 passed by the revisional Court setting aside the order of the trial Court taking cognizance under Sections 279, 337 and 304-A I.P.C.

(2.) The short facts of the case are that on 4.12.1999 a case was registered at Police Station, Guda on the statement of injured Lal Chand that on 4.12.1999, deceased Jagmal Singh and Lal Chand, both were going on motor cycle from Udaipurvati to Guda. Near Raghunath Pura and Posana, a jeep driven negligently, hit the motor cycle from behind. Jagmal Singh died in the way when he was being taken to the hospital. On this statement, F.I.R. No. 325/1999 was registered for the offences under Sections 279, 337 and 304-A I.P.C. and after investigation, challan was filed against respondent No. 2, Ashok Kumar and cognizance was taken against him.

(3.) On revision, the revisional Court quashed the order taking cognizance and discharged the respondent No. 2. Aggrieved by this, the present petition has been filed.