MOHD. ISHAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this petition for quashing adverse remarks passed by the learned Trial Court in its judgment dated 30th July 2001 in Criminal Case No.126/99 ( State v. Suresh Kumar).

(2.) Brief facts of the case are that on 24.4.992 complainant, Lal Chand, lodged F.I.R and alleged that he was going with his mother, suddenly Taxi No.RJ-23 P- 0544 hit his mother and ran away. Eye-witnesses caught driver of the taxi. Driver was driving taxi with rashness and negligence. On this report, case was registered under Sections 279, 337 Indian Penal Code, and during investigation, injured died so Section 304A Indian Penal Code was added and challan was filed under these sections. After conclusion of evidence, accused Suresh Kumar was acquitted and learned lower Court while passing judgment observed that on account of petitioner P.W 8 Mohd. Ishak's faulty investigation, accused had to face trial and actual culprit Mohan was benefited by the investigating officer so departmental proceedings may be initiated against the petitioner.

(3.) Heard learned counsel for the petitioner and learned Public Prosecutor and perused the record of the case.