- (1.) PRESENT matter has its genesis in the report dated 30th Nov 2010 scripted by the District Judge shortlisting the events leading to registration of FIR against the petitioner. The report of the Distt Judge is accompanied with various papers including the application of the Petitioner.
(2.) THE entire papers including application of the petitioner were placed before Hon Chief justice on which the Bench consisting of Hon Chief Justice and Hon Vineet Saran took suo motu notice vide order dated 1.12.2010 and directed the matter to be treated as Public Interest Litigation. THE learned Standing counsel was also directed to file counter affidavit in the matter and in the meanwhile criminal proceeding launched against the petitioner pursuant to FIR dated 16.11.2010 were stayed till further orders by this Court. In the said order, the Collector and Supdt of Police Bijnor was also directed to file affidavit. On administrative side, it would appear, Hon Chief Justice passed the order dated 24.11.2010 for posting of the case before the Bench dealing with Criminal P.I.L. It is in this backdrop that the case has come up before us. We have heard Sri S.G Hasnain learned Additional Advocate General appearing for the Collector and Supdt of Police and perused the materials on record.
(3.) FROM a scrutiny of the papers on record, the sequence of events are thus. On 16.11.2010, in an accident, two boys riding bicycle were hit by a speeding Tanker and were crushed to death under the wheels of the offending vehicle. According to the copy of the complaint addressed to Supdt of Police, Bijnor bearing thumb impression of one Sunil, father of the deceased boys, on the fateful day at about 5.30 pm, the offending Tanker bearing Registration No UP 12 C 0927, hit the deceased who were on bicycle, in front of Chaudhary Restaurant in village Bhaguwala and one of the boys died instantaneously while the other breathed last on way to hospital. It is further mentioned that the accident was witnessed by number of people including Farman, Sukhveer, Bijendra, who noted down the number of tanker on the spot. It is further mentioned that after hitting the deceased, the tanker sped away from the place of occurrence. It is further mentioned that at about 10 pm the complainant accompanied with other village people reached the police station for lodging the report. It is further mentioned in the report that the complainant at that time was much distraught and taking advantage of his distraught condition, someone obtained his thumb impression on a typed paper misrepresenting to him that it was a memorandum for handing over the bodies of the deceased to him. Thereafter, it is further mentioned, he got busy in the performance of funeral rites of the deceased and in that connection, he went to Haridwar. On return from Hardwar on 18.11.2010, when he went to the police station he was apprised that FIR had already been lodged. It is further mentioned that he had not given any written report at that time and he was giving the report now with the request that the police station concerned be directed to register the case forthwith on the basis of this written report. The report addressed to the Supdt of Police was scribed by one Pankaj Kumar son of Jai Pal resident of village Shadipur. To the similar effect is the affidavit sworn by Sunil addressed to the Superintendent of Police. The Distt Judge has also enclosed copy of news report in which referring to the statement of CO Jiraj Singh, it is reported that the offending tanker involved in the accident was intercepted and that the Driver of Tanker namely Goldee had confessed to the accident in which two boys lost their lives.;