AI Structured Summary
Not yet generated for this judgment
Judgment
Quashing of FIR No.261/2017, under Sections 279/338 of IPC, registered at police station Dwarka Sector-23, Delhi is sought on merits.
Learned counsel for petitioner submits that charge-sheet in this case has been filed and vide impugned order of 29th November, 2018 charge has been framed against petitioner for the offence under Section 279/338 of IPC.
Learned counsel for petitioner submits that there is no application of mind in filing of the charge-sheet and framing of the charge as the complainant/first informant of this FIR has not stated anything against petitioner and first informant has rather given a clean chit to petitioner.
Upon hearing and perusal of the FIR, charge-sheet and the impugned order of 29th November, 2018, I find that complainant/first informant of this FIR has categorically stated as under:-
"One Wagon-R car No. HR-26-CD-4110 driven by Hem Raj, s/o Banwari Lal, R/o H.No. 211, Ravi Nagar, while driving negligently hit him even if he tried to save himself. After another car while trying to applying the break, the car slams the wagon-R, however by that time victim got injured and there is no fault of second car."
In view of afore-noted narration, it becomes crystal clear that prima facie case is not made out against petitioner and so, filing of charge-sheet and framing of charge against petitioner cannot be sustained.
Accordingly, the FIR of this case and charge-sheet filed in the impugned order are hereby quashed.
This petition and the applications are accordingly disposed of.