In an application to quash criminal proceedings arising from a vehicular accident, the court noted that the High Court cannot minutely examine evidence collected by the Investigating Officer. Finding the grounds weak and noting the applicant saved the injured's life, the application was rejected.
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Neutral Citation No. - 2024:AHC-LKO:57339
Court No. - 13
Case :- APPLICATION U/S 482 No. - 7394 of 2024
Applicant :- Harjeet Singh Ruhil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Yogesh Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
"To quash the Impugned charge sheet dated 20.2.2024 and the cognizance/ summoning order dated 8.4.2024 and also to quash the entire proceedings of the case No. 7815 of 2024 (State Vs. Harjeet Singh) arising out of Case Crime No. 26 of 2024 under section 279/ 337/ 338/ 427 IPC registered at police station Lalgamj Distt. Rae Barely."
"A. Because the impugned charge sheet dated 20.2.2024 and the summoning order dated 8.4.2024 contained in Annexure No. 1 and 2 are illegal, invalid and contrary to the evidence.
B. Because the applicant has saved the life of the son of the complainant by taking him to the hospital immediately without any delay and now facing the prosecution.
C. Because if the criminal prosecution is allowed to continue it will have the serious impact on the society and no one will ever take an injured to the hospital whether he is hit by his own vehicle without even his fault or he is hit by some other vehicle due to the fear of implication in a false case and litigation,
D. Because the learned court below also failed to consider that the injured Shivam Kumar Yadav was minor on the date of accident and was not having a driving license. The Motor cycle no. UP 72 S 4873 driven by Shivam Kumar Yadav was also not insured at the time of accident and its insurance has expired Nine years back. whereas the Motor Vehicle driven by the applicant was fully insured and the applicant was also having valid driving license.
E. Because the continuance of the prosecution would be nothing but an abuse of process of law and the Hon. court has inherent power to be invoked after considering the fact and circumstances of case.
F.. Because the learned court below has failed to consider that the contents of FIR are itself contrary as how the motor cycle of the son of complainant was got damaged when his son and dewar were talking on the road side when there is no mention that motor Cycle was standing there.
G. Because the court below has erred in not considering the statement of independent witness Ram Prasad who has stated that 'Ek Motor Cycle SAWAR Tej Gati se aa raha tha' which itself establishes that Shivam Kumar Yadav was driving rashly and negligently not the applicant.
H. Because the witness Radhey Shyam Yadav urf Babloo Yadav is the uncle of the Shivam Kumar Yadav, Urmila Yadav the complainant is the mother of Shivam Kumar Yadav and Mukesh Yadav they all are relative and were not present at the time and place of the accident.
I. Because, the applicant has himself took Shivam Kumar Yadav to hospital and got him admitted and saved his life. If in spite of bringing him to hospital and saving his life, he has to face the consequences, the faith in public to get an injured admitted will be lost due to fear of litigation."
Order Date :- 22.8.2024 Gurpreet Singh
Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the court below correctly considered the court below could not minutely examine the evidence collected by the Investigating Officer under Section 528 of B.N.S.S. prior to quashing a charge she
Whether the applicant's grounds for quashing proceedings, including the fact that he saved the life of the injured, are valid to quash criminal proceedings under Section 482 Cr.P.C./Section 528 B.N.S.
Harjeet Singh Ruhil
State Of U.P. Thru. Prin. Secy. Home
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
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