Court No. - 25
Case :- APPLICATION U/S 482 No. - 2661 of 2019
Applicant :- Irshad Ahmad
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by Irshad Ahmad against State of U.P. and Mahanand Chaudhary with request for quashing the whole proceedings in Criminal Case No. 440 of 2018 along with charge-sheet dated 18.9.2016 in pursuance of the Case Crime No. 159 of 2016, under Sections 279 and 304 I.P.C., Police Station Ahirauli Bazar, District Kushi Nagar, with contention that the applicant has been falsely implicated in this very case crime number and charge-sheet was filed on the basis of erroneous investigation. Applicant had moved an application before Regional Transport Officer, Gorakhpur on 20.3.2013 with another application on 19.9.2018 along with Registration Certificate and Fitness/Permit. A copy of which was sent to Superintendent of Police through registered post on 20.10.2013 he was driving the truck concerned, hence, this petition.
Learned counsel for the applicant argued that the concerned truck No. U.P.53T1855 was surrendered along with registration paper and permit and was not being plied since 2013. But a false implication has been made and charge sheet has been filed.
Learned A.G.A. has opposed the application with contention that though registration paper and documents were written to be surrendered but the truck was being plied and it cause accident.
The factual aspect of plying of truck on the place, date of occurrence and time of occurrence is not be to analyzed and decided by this Court in a proceeding under Section 482 Cr.P.C. In view of law of Apex Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
In the present case, the First Information Report was instantly lodged for rash and negligent driving and thereby causing accident and death of deceased on 28.05.2016 at about 12:10 P.M. by report of informant Mahanand against unknown person who was drving the truck No. U.P.53T1855, as the investigation proceeded and statement of complainant-informant and other witnesses' were recorded. In those statements the registered owner of the truck No. U.P.53T1855 was found to be of applicant and it was incumbent on the applicant-registered owner to tell about the person who was driving the same, at the time of above accident, but nowhere the name of the person who was driving the truck has been apprised whereas the investigation resulted the filing of charge-sheet on the evidence that truck was being driven rashly and negligently by the accused-applicant and cognizance was taken. Hence, the factual evidence is not to be analyzed in this Court. The same is within the domain of Trial Court, before whom discharge application may be moved by the accused applicant whereupon factual aspect has to be decided. This application merits its dismissal.
It is, accordingly, dismissed.
Order Date :- 22.1.2019 Kamarjahan