Single judge of the High Court at Allahabad (Lucknow Bench) dismissed an application under Section 482 Cr.P.C. seeking quashing of challen. The court held there are no grounds to invoke inherent power given the 26-year delay and prohibition of mini-trials on negligence at this stage.
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Neutral Citation No. - 2024:AHC-LKO:20896
Court No. - 27
Case :- APPLICATION U/S 482 No. - 1696 of 2024
Applicant :- Rajesh Raj Khanna Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Rinku Verma Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. On 23.02.2024, the learned counsel for the applicant has sought adjournment to enable him to file a supplementary affidavit and on his request, the case was listed today as fresh. However, when the case has been taken up along with the cases listed as fresh, nobody is present to press the applicaiton. Therefore, the Court proceeds to decide the application after perusing the record with the assistance of the learned A.G.A.
2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of the proceedings of charge-sheet dated 05.09.1998 filed in Crime No.226 of 1998 under Sections 279, 337, 338, 304A IPC as wll as entire proceedings arising out of Crime No.226 of 1998.
3. The FIR was lodged on 15.08.1998 stating that the applicant was driving a bus running under contract with Roadways Department, in a very fast speed and negligently and he did not accede to the passengers' request to drive the bus carefully. The bus hit a truck coming from opposite direction causing injuries to several passengers and one of the passengers died while being taken to a hospital.
4. After investigation, a charge-sheet was submitted on 15.08.1998.
5. Application under Section 482 Cr.P.C. seeking quashing of the charge-sheet dated 15.08.1998 was filed on 21.02.2024 and there is no explanation for the delay in filing the application.
6. Although the learned counsel for the applicant had sought time to
file a supplementary affidavit bringing on record a copy of the order sheet of the trial court, but no such affidavit has been filed.
7. Quashing of the charge-sheet and the proceedings has been sought on the ground that the applicant was driving the bus carefully and the truck driver was not negligent.
8. The incident occurred because of negligence of the bus driver resulting death of a passenger and injuries to several others. The contention of the applicant that he was not negligent, cannot be gone into while deciding an application under Section 482 Cr.P.C., as the High Court cannot hold a mini trial at this stage. It has been stated in the affidavit that a non bailable warrant was issued against the applicant on 05.04.2014 yet the applicant did not participate in the proceedings of the trial or challenge the charge-sheet in a decade.
9. Keeping in view the aforesaid facts and circumstances of the case, there is no good ground for invoking inherent power of this Court to quash the charge-sheet and criminal proceedings regarding the incident that had taken place about 26 years ago.
10. The application is dismissed for the aforesaid reasons.
(Subhash Vidyarthi, J.)
Order Date :- 7.3.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the inherent power under Section 482 Cr.P.C. can be exercised to quash proceedings in a matter occurring 26 years ago.
Whether the applicant's contention of lack of negligence can be adjudicated in an application under Section 482 Cr.P.C.
2 provisions across 2 enactments
Rajesh Raj Khanna
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
3 orders share this CNR
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