AI Structured Summary
Not yet generated for this judgment
Judgment
Prafulla C. Pant, J.—Heard. By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 509 of 2006, State vs. Bisan Ram, relating to offences punishable u/s 279 and 304A of I.P.C., pending in the court of Judicial Magistrate, Ranikhet, District Almora.
It is pleaded on behalf of the petitioner that Motor Accident Claims Tribunal Almora, vide its order dated 01.03.2011, passed in M.A.C. Case No 11 of 2007 observed that Anand Singh (deceased) has not died in the motor accident.
However, it is conceded by learned counsel for the petitioner that the said judgment of the Motor Accident Claims Tribunal Almora is not final and appeal is pending before this court. Apart from this the petitioner is facing trial in respect of offence punishable u/s 279 of I.P.C., and there are other injured persons also said to have suffered injuries in the accident.
In the above circumstances, this court is not inclined to interfere with the trial of the case. Accordingly, the petition u/s 482 of Cr.P.C., is dismissed summarily with the observation that the petitioner may take the plea relating to finding of the tribunal before the trial court, if attains finality, which would appreciate the same in assessing the evidence in the case pending against the petitioner.(Stay Application No. 479 of 2012 stands disposed of).