* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 28^th February, 2025 + CRL.REV.P. 94/2015 & CRL.M.As. 2219/2015, 20137/2017 VIRENDER SINGH .....Petitioner Through: Mr. Satyam Thareja, Mr. Shaurya Kathoch and Ms. Vasundhara Nagrath, Advocates.

versus STATE (GOVT OF NCT OF DELHI) .....Respondent Through: Mr. Raghuinder Verma, APP for the State CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [currently Section 442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)], challenging the order dated 12^th December, 2014 (hereinafter “impugned order”) passed by the learned Additional Sessions Judge, Shahdara District, Karkardooma Courts, New Delhi (hereinafter “ASJ”) whereby the learned ASJ set aside the order dated 20^th July, 2013 passed by the learned Chief Metropolitan Magistrate, Shahdara District, Karkardooma Courts, Delhi (hereinafter “Trial Court/CMM”), by which proceedings against the petitioner in case FIR No. 274/2010 under Sections 279/304A of the Indian Penal Code, 1860 Signature Not Verified Digitally Signed By:PRAVEENCRL.REV.P. 94/2015 Page 1 of 27 (hereinafter “IPC) registered at Police Station Vivek Vihar, Delhi had been stopped.

2. On 3^rd December, 2010 at around 2:49 PM, information was received through PCR call recorded as DD No. 17A at Police Station Vivek Vihar, Delhi reporting an accident opposite Deepak Petrol Pump, Road No. 56, Seemapuri, Delhi involving a motorcycle driven by the victim bearing registration number DL-7SAN-5335, and a DTC Recovery Van bearing number DL-1PB-2281, which was allegedly driven by the petitioner, Mr.

Virendra Singh, in a rash and negligent manner.

3. The police reached the spot of the accident, identified the motorcyclist/victim and reported that he had sustained severe injuries and was unconscious. The injured was immediately taken to the hospital and his condition was initially declared as unfit for providing any statement to the police regarding the accident due to blunt trauma.

4. Consequently, the FIR bearing no. 274/2010 was registered at Police Station Vivek Vihar, Delhi initially under Sections 279/337 of the IPC. Subsequently, upon the death of the motorcyclist, identified as Mr. Ikram S/o Mr. Raheem Ahmed, due to the injuries sustained in the accident, Section

337 of the IPC was amended to 304A of the IPC.

5. The Investigating Officer and other officials attending the scene could not find any eye-witnesses to the incident. The case was investigated based on available physical evidence.

Signature Not Verified Digitally Signed By:PRAVEENCRL.REV.P. 94/2015 Page 2 of 27

6. Thereafter, the chargesheet in the present case was filed on 19^th April, 2011, wherein charges under Sections 279 and 304A of the IPC were levelled against the petitioner.

7. Approximately four months after the incident, on 8^th April, 2011, Shamshad Hussain appeared before the Investigating Officer, claiming himself to be the sole eyewitness. He gave a statement under Section 161 of the CrPC, asserting that he saw the accident at around 2:49 PM on 3^rd December, 2010 at Deepak Petrol Pump, alleging rash and negligent driving by the petitioner.

8. The offending bus was seized on 10^th April, 2011 and a mechanical inspection was conducted confirming that the bus was in a roadworthy condition, with fully functional brakes and steering. Further inquiries revealed that the offending bus was towing another bus bearing number DL-

1PB-1986 at the time of the accident.

9. The petitioner filed an application under Section 258 of the CrPC for stoppage of proceedings before the learned CMM, citing the prosecution’s weak and doubtful case due to the suspicious circumstances surrounding the eye witness’s delayed appearance and incomplete identification of the offending vehicle.

10. The learned CMM allowed the said applicatio