AFTAB ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned A.P.P. for the State, as also learned counsel for the complainant.

(2.) This criminal miscellaneous petition has been filed for quashing the entire criminal proceeding against the petitioners, in C.P. Case No. 534 of 2001, as also the order passed therein on 24.8.2002, by Sri Ramjeet Yadav, learned Judicial Magistrate, Dhanbad, whereby the Court below has found prima facie offence under Sections 109 and 304 of the Indian Penal Code, against these petitioners.

(3.) The case of the petitioners is that there was an accident on 5.5.2001, in which, two persons were injured, out of whom, one person subsequently died. The FIR was lodged on the basis of fardbeyan of Md. Naushad, who was one of the injured, on the basis of which, Jogta P.S. Case No. 43 of 2001 was instituted for the offence under Sections 279, 337, 338 of the Indian Penal Code, and after the death of one of the injured, Section 304-A of the Indian Penal Code was also added. In the said case, there was direct allegation against petitioner No.1 Aftab Alam @ Mintu, to have injured two persons due to rash and negligent driving of a Maruti car. The FIR has been brought on record as Annexure-3 to this application. After investigation of the case, the police submitted the charge sheet against the petitioner No.1 only, for the offence under Sections 279, 337 and 304-A of the Indian Penal Code, which has been brought on record as Annexure-4 to this petition.