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Jammu & Kashmir High Court

Waseem Akram vs State Of J&K; And Others on 27 March, 2018

        HIGH COURT OF JAMMU AND KASHMIR
                     AT JAMMU

Pet. u/s 561-A No. 185/2017
MP Nos. 01/2017 and 02/2017
                                                         Date of order: 27.03.2018
Waseem Akram                                    vs.                   State of J&K
Coram:
                Hon'ble Mr. Justice Janak Raj Kotwal, Judge
Appearance:
For petitioner/appellant(s) : Mr. Khwaja Mohd. Rashid, Advocate
For applicant/respondent (s) : Mr. Asheesh Singh Kotwal, Dy. AG

Heard.

FIR No. 02/2017 of Police Station, Mandi, District (Poonch) under sections 279, 337 & 304-A RPC was registered on an information received at the Police Station that a Maruti Car being driven by the petitioner met with an accident resulting into injuries to its occupants and one of the occupants has succumbed to the injuries. Petitioner seeks quashing of the said FIR on the ground that he has been falsely implicated as he was not driving the car at the time of the accident.

Learned counsel for the petitioner submitted that even though the petitioner is in a position to produce the evidence to show that he was not driving the car at the time of the accident but Investigating Officer is neither prepared to accept the evidence produced by him nor he is investigating the case to ascertain as to whether person named in the impugned FIR was in fact driving the car or not.

The question raised is whether the person driving the vehicle at the time of the accident was the petitioner or someone else. Such a question can be determined only on the basis of evidence to be collected by the Investigating Officer during the course of investigation of the case. Quashing of FIR by seeking indulgence of this Court under section 561-A Cr. P.C. in such a matter cannot be sought.

Viewed thus, quashing of the FIR is refused and this petition is disposed of by issuing a direction to the Investigating Officer that, while ascertaining the aforementioned fact, he shall also record and accord consideration to the evidence, if any, produced by the petitioner.

Disposed of.

(Janak Raj Kotwal) Judge Jammu:

27.03.2018 Meenakshi 561-A No. 185/2017, MP Nos. 01/2017 & 02/2017 Page 2 of 2