Jaspriya Bhasin vs State (NCT Of Delhi)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 898

MANOJ KUMAR OHRI
Jaspriya Bhasin – Appellant
Versus
State (NCT Of Delhi) – Respondent

Advocates appeared:
Mr. Anshul Sehgal, Advocate, for the Petitioner; Mr. Sanjeev Sabharwal, APP with SI Surender, P.S. Vasant Kunj North, for the State; Mr. Sanjeev Malik, Advocate, for the Complainant

JUDGMENT

Manoj Kumar Ohri, J. - The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 104/2018 registered under Sections 279/337 IPC at Police Station Vasant Kunj North, Delhi, as well as the consequent proceedings including filing of chargesheet.

2. Although initially the grounds urged in support of quashing of the FIR were limited to the settlement arrived at between the parties, during the course of submissions, learned counsel for the petitioner in the alternative also addressed submissions on the merits of the case.

3. Learned counsel for the petitioner raised doubts on the credibility and reliability of the statement of the alleged eye-witness/Bhim Sen. It was contended that even though the said witness claimed to be working near the site of accident, neither the investigating officer made any local enquiry nor the said witness came forward. Rather, his statement came to be recorded later, after a period of 38 days, that too under mysterious circumstances. He further argued that on reading of the entire prosecution case, the ingredients of the alleged offences are not made out against the petitioner.

4. In support of