Delhi District Court
State vs Vijay Kumar on 22 December, 2025
IN THE COURT OF SHRI KARTIK TAPARIA
JUDICIAL MAGISTRATE FIRST CLASS- 06,
CENTRAL DISTRICT TIS HAZARI COURTS, DELHI.
FIR No. 156/2023
PS - Civil Lines
U/s - 279/427 IPC
State Vs. Vijay Kumar
JUDGMENT
(a) Criminal Case No. 3015/2024
(b) CNR No. DLCT02-006406-2024
(c) Date of 30.04.2023 commission of offence
(d) Name of the HC Satpal complainant
(e) Name of the Vijay Kumar S/o Sh. Siyaram R/o Village Azeem Ka accused person(s), Purva, Tehsil Tiloi, P.S. Jayas, Distt. Aethi (UP). his parentage and residence
(f) Offence(s) Section 279/427 IPC.
complained of or proved
(g) Plea of the accused Pleaded not guilty
(h) Final Order Acquitted
(i) Date of institution 01.03.2024 of case Digitally signed KARTIK by KARTIK TAPARIA TAPARIA Date: 2025.12.26 15:17:39 +0530 FIR No. 156/2023 PS Civil Lines State Vs. Vijay Kumar Page No.1 of 6
(j) Date when 20.12.2025 judgment was reserved
(k) Date of judgment 22.12.2025 Brief reasons for the decision of the case : -
1. The present charge-sheet has been filed u/s 279/427 IPC. The genesis of the prosecution story is that on 30.04.2023 at about 11:45 PM at Central Verge Red Light Signal, Chandgiram Akhara, Delhi, within the jurisdiction of PS Civil Lines, the accused was found driving a Tata-407, bearing Regn. No. DL-16-GT-0923 in rash and negligent manner so as to endanger the human life or personal safety of others and while driving the above vehicle in above said manner, the accused struck against one traffic signal pole and caused damage to the pole of value upward of Rs.50 within the cognizance of this court, the accused committed an offence punishable U/s 279/427 IPC.
2. On finding a prima facie case to proceed against the accused, cognizance of the offence was taken on 01.03.2024. The provisions of Section 207 Cr.P.C. were duly complied with. Arguments on the point of notice were heard and a formal notice for commission of offence U/s U/s 279/427 IPC was framed against the accused on 21.08.2024 to which the accused pleaded not guilty and claimed Digitally signed KARTIK by KARTIK TAPARIA TAPARIA Date: 2025.12.26 15:17:56 +0530 FIR No. 156/2023 PS Civil Lines State Vs. Vijay Kumar Page No.2 of 6 trial.
In order to prove its case, the prosecution has examined only PW-1HC Satpal.
3. The prosecution evidence was closed on 29.10.2025 and the accused was examined u/s 313 r/w 281 Cr.P.C. wherein all incriminating evidence was put to him. The accused submitted that he is innocent and has been falsely implicated in the present case.
4. Prior to delving into the merits of the present case, it is relevant to discuss the testimonies of the prosecution witnesses.
5. PW1: Sh. Satpal deposed that on 03.07.2025, he was posted as HC at Civil Line Traffic Circle. On that day he was on night QRT and at about 11:45 PM, he reached at Chandgi Ram Red Light Signal where he saw that Tata 407, bearing registration No. UP16GT0923 already collided with the RLVD Camera Pole due to which the said RLVD camera was lying on the road and the pole was bend at that time. There was a huge traffic on the road. The driver of the offending vehicle was not in the said vehicle and PCR took the accused to the Trauma Center. He called at 112 number and also told about the incident in traffic control room to the senior officers. On next day, HC Ct. Mangeja Ram recorded his statement which is Digitally signed by KARTIK KARTIK TAPARIA TAPARIA Date: 2025.12.26 15:18:12 +0530 FIR No. 156/2023 PS Civil Lines State Vs. Vijay Kumar Page No.3 of 6 now Ex. PW1/A, bearing his signature at point A. IO prepared the site plan at his instance which is now Ex. PW1/B, bearing his signature at point A. The witness correctly identified the photographs of the spot and offending vehicle which is now Ex. P-1(Colly). PW-1 was cross-examined at length by Ld. counsel for the accused.
ARGUMENTS
6. Learned APP for the State has argued that the testimony of the prosecution witness has established negligence on the part of accused and that he be convicted for offence under Section 279/427 IPC
7. Per contra, Ld. Counsel for the accused has argued that accused is innocent as there is no evidence, which will prove guilt of accused to the hilt. It is argued that there is only one eye witness to the alleged incident i.e. PW-1 HC Satpal Singh. Therefore, it is submitted that the accused is innocent and should be acquitted in the present case.
8. I have carefully perused the record and heard the arguments advanced by Ld. counsels for the parties.
Digitally signedKARTIK by KARTIK TAPARIA TAPARIA Date: 2025.12.26 15:18:26 +0530 FIR No. 156/2023 PS Civil Lines State Vs. Vijay Kumar Page No.4 of 6 Analysis and Findings
9. As per the chargesheet, no witness is arrayed as the eye witness in the present matter. HC Satpal Singh has been arrayed as the complainant. He was examined as PW-1, and durig his testimony, he has specifically deposed that when he reached the spot, he saw that the offeding vhicle had already collided with RLVD camera pole, due to which, the camera was lying on the road. The rest of the witnesses were formal in nature, hence were not examined, in dearth of eye-witnesses. There is no witness in the charge-sheet, to prove that the accused was driving his vehicle rashly or negligently. Hence, the prosecution has failed to establish the necessary ingredients of Sec.279 IPC, or that the accused was driving his vehicle rashly or negligently.
10. The charge U/s 427 IPC was also framed against the accused. As per Sec. 425 IPC intention to cause wrongful loss and the knowledge thereof, is a necessary ingredients to prove Sec. 427 IPC. However, there is nothing on record to suggest that the accused had the intention to cause the wrongful loss. Accordingly, I hold that the prosecution has failed to prove the case against the accused U/s 427 IPC.
11. In view of the above held discussion and considering the contradiction in the testimonies of the witnesses, in the opinion of Digitally signed by KARTIK KARTIK TAPARIA TAPARIA Date: 2025.12.26 15:18:39 +0530 FIR No. 156/2023 PS Civil Lines State Vs. Vijay Kumar Page No.5 of 6 this Court, the prosecution has failed to prove the charges in respect of the offences punishable under Section 279/427 IPC against the accused.
Conclusion
12. In view of the above-mentioned discussion, accused Vijay Kumar stands acquitted of offences U/s 279/427 IPC.
13. The bail bonds, if any, furnished by the accused at the time of commencement of trial stand cancelled. Surety, if any, stands discharged. Documents, if any, shall be returned to its rightful owner as per rules. Endorsement, if any, stands cancelled. Case property, if any, shall be disposed of as per rules after expiration of period to assail this judgment and in case of appeal, as per the directions of Ld. Appellate Court.
14. Case file be consigned to the record room after due compliance.
This judgement consists of 6 signed pages.
Announced in open Court today on 22.12.2025.
Digitally signedKARTIK by KARTIK TAPARIA TAPARIA Date: 2025.12.26 15:18:56 +0530 (Kartik Taparia) JMFC-06(C)/THC/Delhi/22.12.2025 FIR No. 156/2023 PS Civil Lines State Vs. Vijay Kumar Page No.6 of 6