UMESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The order dated 16.12.2014 on a petition under Section 258 of the Code of Criminal Procedure passed in G.R.No. 663 of 2013 by the Judicial Magistrate, 1st class, Bokaro is under challenge. The petitioner has filed an application under Section 258 of the Code of Criminal Procedure praying therein to drop the proceeding against the petitioner on the ground that the petitioner has not committed any offence and there is serious lacuna in the prosecution case which is apparent from the face of the record thus, the proceeding is liable to be dropped.

(2.) FIR was lodged at the instance of Damodar Mahto son of Bhola Mahto stating therein that he along with one Manoj Kumar Mahto was proceeding to their place of duty at the Headquarter of B.S.L and in the meantime, near LIC intersection at Sector IV, one car bearing registration no.BER -3409 which was being driven in a rash and negligent manner dashed with the Motorcycle of the petitioner, as a result of which, the complainant and pillion rider got injured. He further stated that the accused tried to flee but the person present there prevented them from fleeing. He further stated that he sustained severe injuries and the accident has occurred due to rash and negligent act of the petitioner.

(3.) After investigation, the Investigating Officer submitted charge sheet for the offence under Sections 279, 337, 338 of the Indian Penal Code and cognizance was taken by the court. The case is pending for explaining the substance of accusation. At that stage, the accused filed a petition under Section 258 of the Code of Criminal Procedure praying therein to drop the proceeding as on close scrutiny of evidences and materials available in the case diary, no charge of alleged offence is made out against him. The said petition has been dismissed, vide order dated 16.12.2014 by the learned Judicial Magistrate, Bokaro, as a result of which, this revision application has been filed.