HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 9398 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Manish Tiwari, learned Senior Counsel assisted by Ms. Gunjan Jadwani and Sri Anuj Bairi, learned counsel for the applicant and Sri B.P.Maurya, learned A.G.A. for the State respondents. 2. Counter affidavit filed by learned AGA is taken on record. 3. Learned Senior Counsel submits that he will not file any rejoinder affidavit. 4. This application under Section 482 Cr.P.C. has been preferred for quashing the entire proceeding of Criminal Case No. 12681 of 2019 pending before learned CJM-02, Gautam Budh Nagar under section 336 IPC including chargesheet dated 12.6.2019. 5. It is contended by learned Senior counsel that no offence under section 336 of the IPC is made out against the applicant as the applicant is a senior manager of the company. It is also submitted that the present prosecution is abuse of process of the Court. He also submitted that the only allegation against the applicant is that he did not conduct real time monitoring of the taxi in question. 6. It is submitted that in view of the fact that no offence under section 336 IPC is made out, proceedings of the aforesaid case be quashed. 7. On the other hand, learned A.G.A. submits that it was the duty of the applicant to conduct real time monitoring of the taxi drivers of the company. Versus Counsel for Applicant(s) : Gunjan Jadwani Counsel for Opposite Party(s) : G.A. Shri Nitish Bhushan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 8. In reply to the above submission, learned Senior Counsel submits that there is no provision in any law that the company shall conduct real time monitoring of its taxi drivers. He has referred to the provisions of section 336 IPC which reads as under: "336. Act endangering life or personal safety of others. - Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both." 9. The allegation in the FIR is that the applicant who is senior manager in Uber company did not conduct real time monitoring of the taxi drivers of the company. It is submitted that some offence was committed by a driver of the company of the applicant for which a separate prosecution is going on. On perusal of section 336 IPC, it appears that no case is made out against the applicant under the aforesaid section. 10. In view of the above, keeping in view the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed in respect of the applicant. 11. In view of the aforesaid, the entire proceeding of Criminal Case No. 12681 of 2019 pending before learned C.J.M.-02, Gautam Budh Nagar under section 336 IPC are hereby quashed. 12. Accordingly, the application under Section 482 Cr.P.C. stands allowed. September 24, 2025 Madhurima A482 No. 9398 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad