JANESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Anil Kumar no. 6, counsel appearing on behalf of the petitioner and Mr. Jharkhandi Upadhyaya, counsel for the State.

(2.) THE petitioner has challenged the order dated 05.12.2006 passed by the learned Magistrate 1st Class, Aurangabad in Complaint Case No. 266 of 2005 (Tr. No. 1472 of 2006) whereby cognizance has been taken under Sections 279 and 304A of the Indian Penal Code.

(3.) THE opposite party no. 2 lodged a complaint vide Complaint Case No. 266 of 2005, with respect to an occurrence dated 02.07.1999 alleging that because of rash and negligent driving of a tractor by the petitioner, his brother Sunil Kumar Singh met his death.