Allahabad High Court
Ashok Kumar vs State Of U.P. And Another on 24 March, 2023
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- APPLICATION U/S 482 No. - 14593 of 2007
Applicant :- Ashok Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Arun Srivastava,Anil Tiwari,Kamal Srivastava
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vipin Chandra Dixit,J.
As per office report dated 11.4.2019, notice issued to opposite party No.2 has been served personally.
Heard Sri Kamal Srivastava, learned counsel for the applicant and learned AGA for the State, and perused the record. No one is present on behalf of opposite party no.2 inspite of service.
No counter affidavit has been filed by any of the opposite parties.
It is submitted by the learned counsel for the applicant that the applicant is registered owner of Indica Car V2 model bearing No. U.P. 70 AC 7616. Copy of the registration certificate has been annexed as Annexure 2 to the affidavit filed in support of the applicant. The FIR was lodged by opposite party no.2 on 23.1.2007 in respect of road accident against Indica car No. UP70 7616 alleging therein that his father Ram Achhewar had received injuries and died due to injuries received in the accident and the case was registered as Case Crime No. 29 of 2007 under Sections 279/304 A IPC in Police Station Gopiganj, District Sant Ravidas Nagar. The Investigating Officer, without conducting fair investigation, had submitted charge sheet against the applicant without verifying the fact that the applicant is registered owner No. UP70 AC 7616, whereas the FIR was lodged against the vehicle No. UP 70 7616. No efforts were made by the Investigating Officer to enquire the name of registered owner of vehicle No. UP-70 7616 from concerned registering authority. There was no evidence and the materials that the Indica car of applicant was involved in the accident. It is further submitted by learned counsel for applicant that the claimant had also filed Claim Petition under Motor Vehicles Act for claiming compensation on account of death of Ram Aachhewar, which was registered as Motor Accident Claim Petition No. 11 of 2011 and the Claim Tribunal, after considering the evidence and material which were brought on record, had dismissed the claim petition vide judgment and order dated 27.4.2012 holding that the claimant had failed to prove the involvement of Indica car of the applicant in the accident.
The claims Tribunal had recorded the finding after considering the oral as well as documentary evidence that the claimant had failed to prove the involvement of Indica car No. UP70 AC 7616 in the accident.
Inspite of several opportunities, counter affidavit has not been filed by any of the opposite parties.
Learned AGA opposed the prayer for quashing the charge sheet and further proceeding of the aforesaid case but could not demonstrate the involvement of vehicle No. UP70 AC 7616 in the accident.
Considering the submission of learned counsel for the applicant that the applicant is registered owner of Indica car No. UP70 AC 7616, whereas First Information Report was lodged against Indica car No. UP70 7616 and even charge-sheet was also submitted against Indica Car No. UP-70 7616 and there is no evidence and material regarding involvement of Indica car bearing No. UP-70 AC 7616 in the accident and it is an abuse of process of Court, the present application U/s 482 Cr.P.C. is liable to be allowed
In view of above discussion, the present application U/s 482 Cr.P.C. is allowed and the entire proceeding of Criminal Case No. 882 of 2007(State vs. Ashok Kumar) arising out of Case Crime No. 29 of 2007 under Section 279/304A IPC, pending before C.J.M., Bhadohi is hereby quashed.
Order Date :- 24.3.2023
P.P.
