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Hit and run case
HC calls record of trial Court
5/20/2009 10:18:39 PM
Early Times Report
Jammu, May 20-Treating the petition as revision against the judgment passed by the Trial Court on December 14, 2004, Justice Yabool Mir of Jammu and Kashmir High Court Jammu wing today issued notice to the respondent driver of the vehicle for appearance and also called the record from the Trial Court.
In a rarest of the rare case where the police completed the investigation within three days and filed challan before the Court, the Court on the same day convicted for offence u/s 279 RPC and released the accused on payment of fine Rs 500 which was challenged by the petitioner who was injured in the accident and had remained in the hospital for 15 days.
After hearing Advocate JP Gandhi appearing for the petitioner and Additional Advocate General SC Gupta appearing for the respondents, Justice Mir treated the petition as revision and called for the record from the Trial Court Jammu.
The case of the petitioner is that on December 11, 2004 while she being on her way reached Kunjwani where a Maruti car driven by Kuldeep Sharma did hit the petitioner Gurmeet Kour from the back and got seriously injured, the petitioner was shifted to Government Hospital Gandhi Nagar Jammu and thereafter referred to GMC Jammu where she remained admitted for 15 days. Regarding the occurrence, the case was registered on December 11, 2004 and the investigation concluded within three days and on December 14, 2004 challan was presented before the Court of 2nd Additional Munsiff Jammu. The accused Kuldeep Sharma pleaded guilty so convicted for offence punishable u/s 279 RPC. On payment of fine of Rs 500, the accused was released. The grievances of the petitioner is that she was in hospital and was assured by the police about the proper investigation but the accused driver in connivance with the police officials succeeded in getting the investigation of the case concluded within short period that too only for the commission of offence u/s 279 RPC. The counsel for the petitioner Advocate JP Gandhi sought direction in the name of police to reinvestigate the case for commission of offence punishable under relevant provision of RPC.
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