Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C-482 No. 2354 of 2019 Hon’ble Alok Mahra, J.
Mr. M.S. Pal, learned Senior Counsel, assisted by Mr. Aamir Malik, learned counsel for the applicant.
2. Mr. Prabhat Kandpal, learned A.G.A. for the State.
3. Mr. Gaurav Singh, learned counsel for the complainant.
4. The present Criminal Misc. Application has been filed by the applicant challenging the summoning order dated 25.07.2019 passed by the court of learned Additional Chief Judicial Magistrate, District Haridwar in Criminal Case No. 2790 of 2019, State Vs. Sanjay Kumar, under Section 279, 338, 304A of IPC and the entire proceedings arising out from it.
5. In this case, an FIR was lodged under Sections 279 and 337 of IPC, wherein, it is alleged that the deceased was hit by a car while he was coming from his duty. A car was being driven rashly and negligently. It was further mentioned in the FIR that veracity of the accident can be checked from the CCTV footage, which are installed nearby the site of the incident. After investigation, it was found that the accident occurred as the motorcycle, which the complainant was driving, was hit by the Scorpio Vehicle bearing Registration No. UK08AP7766.
6.
Learned counsel for the applicant would submit that the learned Judicial Magistrate concerned, without application of mind, has
passed the summoning
order dated
25.07.2019.
7. Heard learned counsel for the applicant and perused the record.
8. Perusal of the impugned summoning
order dated 25.07.2019 reveals that the evidence collected was placed before the learned court below, which, after applying its judicial mind, has rightly summoned the applicant to face the trial.
9. The court concerned has considered & discussed all relevant aspects. Thus, the view taken by the learned ACJM concerned cannot be faulted. This Court does not find any infirmity or illegality in the impugned summoning order dated 25.07.2019 passed by the court of learned Additional Chief Judicial Magistrate, District Haridwar in Criminal Case No. 2790 of 2019, State Vs. Sanjay Kumar, under Section 279, 338, 304A of IPC. Hence, this Court does not find any reason to interfere with the impugned order.
10. Accordingly, the criminal misc. application fails and is hereby dismissed.
(Alok Mahra J.)
29.04.2026 Ujjwal