- (1.) This application under Section 482 Cr.P.C. has been moved by the applicant with prayer to quash the order dated 07.06.2019 passed by Additional Chief Judicial Magistrate Court No.1, Kanpur Dehat on the discharge application of the applicant under Section 239 Cr.P.C. in Case No. 721 of 2014 (State Vs. Vaibhav Nigam) arising out of Case Crime No. 41 of 2014, under Sections 279, 337, 338, 304-A, 427 I.P.C. and Section 184 of Motor Vehicle Act, Police Station-Chaubeypur, District Kanpur Nagar.
(2.) Briefly stated facts relevant for disposal of this application are that F.I.R. Case Crime No. 41 of 2014, under Sections 279, 337, 338, 304-A, 427 I.P.C. and Section 184 of Motor Vehicle Act has been lodged on written complaint of Rakesh Kumar against driver of the vehicle Maruti Registration No.UP78DE6327 alleging therein that on 20.02.2014 at about 4:30 PM the driver of the aforesaid vehicle by his rash and negligent driving collided with Motor Cycle Registration No.UP78DC7624 on which informant's brother Anil Kumar was riding with his father. In this accident both of them sustained serious injury and due to injury sustained in this accident father of the informant died. After investigation I.O. has submitted charge sheet against the applicant Vaibhav Nigam under Sections 279, 337, 338, 304-A, 427 I.P.C. and Section 184 of Motor Vehicle Act.
(3.) The applicant moved application for discharging him under Section 239 Cr.P.C. before the Magistrate concerned, learned Court below was of the view that there was sufficient ground to proceed and frame the charges against the applicant under Sections 279, 337, 338, 304-A, 427 I.P.C. and Section 184 of Motor Vehicle Act and rejected the application of the applicant. Against the aforesaid order this application under Section 482 Cr.P.C. has been moved by the applicant before this Court.;