Delhi District Court
Criminal Case/407/2013 on 4 February, 2016
FIR No. 407/13
PS Mianwali Nagar
04.02.2016
Present : Ld. APP for the state.
None for complainant.
1.The matter is at the stage of consideration on cognizance. Vide this order the undersigned shall decide the protest petition filed by the complainant against the untrace report.
2. Brief facts of the case are that on 13.12.2013 at about 09:00 AM on the Main Road Peera Garhi Govt. School near National Market, complainant Jitender Pal was going on his motorcycle. His motorcycle was hit from behind by a van bearing no. DL-9CA-8516 which was being driven by its driver in rash and negligent manner. Due to the impact complainant fell down on the road and received injuries in his right leg. It is stated by him that thereafter driver of the van took him to Balaji Action Hospital by some other vehicle. It is stated by him that he can identify driver of the offending vehicle if brought before him. On this complaint FIR was registered. During investigation it was found that vehicle bearing no.DL-9CA-8516 was not a van but a Hundai Car. From the charge sheet it appears that the vehicle no. DL-9CA-8516 was registered in the name of Smt. Vidya Bala Krishnan. Notice U/s 133 MV Act was issued to her. In her reply it is stated by her that she is having a transferable job and on 02.11.2012 she hired a driver named Kartikeyan S. to take her car from Bangalore to Trivendrum, however, en-route the vehicle hit a concrete wall. Though passengers of the vehicle were fortunately escaped, however, vehicle was completely damaged. The vehicle was to be removed by a recovery van and was sent to Pothens Hundai Service Station in Trivendrum. The vehicle was totally damaged. It is further stated that the insurance company paid an amount of Rs.40,000/- to her and thereafter she sold the vehicle as scrap to M/s Pothans Hundai, Trivendrum for a sum of Rs.10,000/-. It is further stated FIR No.407/13, PS Mianwali Nagar 1/2 that she has already sent a letter to RTO for cancellation of registration of vehicle no. DL-9CA-8516. It was also informed by her that on 08.10.2010 she obtained NOC from State Transport Department, South-West Zone, Palam, Delhi to transfer the registration number to RTO, Jaya Nagar, Bangalore and has also paid lifetime road tax of Rs.20,020/- to RTO Bangalore. On the basis of these facts untrace report has been filed by the police as it is stated that the complainant was hit by a van while the number stated by him is of a Santro Car which was transferred from Delhi to Jaya Nagar, Bangalore in the year 2010 and after an accident in the year 2011 the same was sold in scrap to authorized service station of Hundai only.
3. On the other hand protest petition was filed on behalf of complainant. It is stated by Ld. counsel for the complainant that just because the vehicle was sold in scrap it cannot be presumed that it will not be taken on road again. It is argued that no documents of actual disposal of the vehicle has been filed on record. It is further argued that the van was a school van, hence IO should have interrogated the drivers of all the nearby schools.
4. Arguments heard. Record perused. Police has done wholesome investigation in the present case which clarifies that the number given by the complainant is not of a van rather the same is of five seater Hundai Santro Car. Apparently the complainant by mistake recorded incorrect number of the offending vehicle.
5. In view of above stated discussion, the protest petition of the complainant is hereby dismissed and the untrace report filed by the police is accepted. However, cognizance has been taken on the protest petition of the complainant and he has been given opportunity to lead pre-summoning evidence. Original police file be returned to the police station for further investigation.
6. Put up the matter for pre-summoning evidence on 27.04.2016.
(GAJENDER SINGH NAGAR)
MM-04:West:THC:Delhi/04.02.2016
FIR No.407/13, PS Mianwali Nagar 2/2