Nandan Singh vs State Of Uttarakhand & Others

Ravindra Maithani, J

This instant petition under Article 226 of the Constitution of India has been filed for quashing the F.I.R./Case Crime No.25 of 2019 under Section 304 IPC, P.S. Kapkot District Bageshwar and also for stay of arrest.

Heard learned counsel for the petitioner and learned counsel for the State and perused the record.

In this case F.I.R. was lodged on 23.04.2019. According to it, on 20.04.2019, the first informant was travelling in a vehicle driven by the petitioner. Petitioner was under the influence of alcohol. He was under intoxication and while driving in such a condition at 03:15 p.m. the vehicle fell down in a gorge; two persons died at the spot and other injured were referred to hospital.

Learned counsel for the petitioner would argue that the alcohol test of the petitioner was not done and F.I.R. is lodged after three days of the incident.

Learned State counsel under instructions informs that immediately after the incident when the petitioner was examined, from his breath test, alcohol smell was found.

Perusal of the F.I.R. discloses commission of cognizable offence. What offence the petitioner, if any, committed is to be tested during investigation at trial, as the case may be. Whether in fact, the petitioner was under the influence of alcohol while driving? What offence, if any, the petitioner has committed? These all are factual aspects, which can not be meticulously examined in these proceedings. Therefore, the writ petition deserves to be dismissed.

Learned counsel for the petitioner would urge that direction be issued that in case petitioner surrenders before the court below his bail application may be considered on the same day.

The writ petition is accordingly dismissed. However, if the petitioner appears before the court below, his bail application shall be considered as expeditiously as possible, in accordance with law.