CRL.REV.P. 296/2017

Page 1

$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: October 12, 2023

Decided on: November 3, 2023

+

CRL.REV.P. 296/2017

MOHD NASIM

..... Petitioner

Through: Mr. Sanjay Manchanda, Mr.

Rahul

Miglani

and

Ms.

DevikaSamant, Advocates

V

THE STATE

..... Respondent

Through: Mr.

Yudhvir

Singh

Chauhan, APP for State with

SI Pardeep Kumar, P.S.

Mandawali

CORAM

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

J U D G M E N T

1.

The present criminal revision petition is filed under sections

397/401 of the Code of Criminal Procedure, 1973 (hereinafter

referred to as “the Code”) read with under section 482 of the Code to

set aside the order dated 27.03.2017 (hereinafter referred to as “the

impugned order”) passed by the court of the District and Sessions

Judge, East, Karkardooma Courts (hereinafter referred to as “the

Digitally Signed

By:JITENDRA

Signing Date:03.11.2023

16:16:47

Signature Not Verified

CRL.REV.P. 296/2017

Page 2

appellate court”) in Criminal Appeal bearing no. 250/2016 titled as

Mohd. Nasim V The State (Govt. of NCT of Delhi) and the

judgment dated 17.03.2016 (hereinafter referred to as “the

impugned judgment”) and order on sentence dated 15.07.2016

passed by the court of Metropolitan Magistrate-03, East,

Karkardooma Courts (hereinafter referred to as “the trial court”) in

case arising out of the FIR bearing no.151/2009 registered under

sections 279/337 of the Indian Penal Code, 1860 (hereinafter referred

to as “IPC”) at PS Mandawli Fazad Pur.

2.

The relevant facts as reflected from the impugned judgment

passed by the trial court are that SI Yad Ram (hereinafter referred to

as “the Investigating Officer”) after receipt of DD bearing no. 22A

dated 10.04.2009 recorded at PS Mandawli Fazad Pur regarding an

accident went to the spot where he found that one rickshaw used for

carrying goods and a blue line bus bearing registration no. DL 1PB

9786 plying on route no. 534 (hereinafter referred to as “the

offending vehicle”) were lying in accidental condition. Thereafter,

the Investigating Officer went to LBS Hospital where he found that

the injured Mahesh (hereinafter referred to as “the deceased”) s/o

Digitally Signed

By:JITENDRA

Signing Date:03.11.2023

16:16:47

Signature Not Verified

CRL.REV.P. 296/2017

Page 3

Bhuri Lal was under treatment. The Investigating Officer recorded

the statement of Mohd. Sabir (hereinafter referred to as “the

complainant”) wherein he stated that on 10.04.2009 at around 03:45

PM at T-point, Narwana Road, near Paradise Apartment, he was

coming on rickshaw which was being driven by the deceased and the

complainant was also sitting on the said rickshaw. In meantime the

offending vehicle which was being driven in a rash and negligent

manner, came and hit the rickshaw from the back side. The

complainant along with the deceased fell down on the right side of

the road due to the collision and the rear tyre of the conductor side of

the bus ran over the deceased as a result of which he sustained

injuries but the complainant did not sustain any injury. PCR removed

the deceased to the hospital. The driver of the bus was also

apprehended by the complainant with the help of public and was

handed over to the police. Thereafter, the present FIR was got

registered under sections 279/337 IPC on the basis of the statement

made by the complainant. The Investigating Officer conducted

further investigation. The deceased died during the treatment and the

post-mortem on dead body of the deceased was conducted. The

Digitally Signed

By:JITENDRA

Signing Date:03.11.2023

16:16:47

Signature Not Verified

CRL.REV.P. 296/2017

Page 4

Investigating Officer added section 304A IPC due to the death of the

deceased. The charge-sheet after conclusion of investigation was

filed on 05.11.2009. The concerned court had taken the cognizance

and after complying with section 207 of the Code, notice under

section