Factual Matrix
In the Matter at hand Jitender Chaudhary v. Gyan Chand a complaint was made under Section 190 of the Code of Criminal Procedure, 1973 to have the offences committed by the owner of the car under Sections 279 and 304-A of the Penal Code, 1860, taken into consideration. The suspects in a car accident had a first information report filed against them on May 6, 2015. A request made by the complainant pursuant to Section 156(3) of the CrPC was later denied by the Court. On July 27, 2016, the Investigating Officer submitted an Untrace report, which was approved without notifying the complainant. The court denied the complainant’s request for a thorough inquiry. On April 2, 2018, the complainant submitted a request according to Section 173(8) of the CrPC, however, it was rejected since the protest petition could not be maintained. The complainant was permitted to speak with the police station officer to reopen the case and conduct more research.
Analysis of Court Order
Justice Vikrant of the Delhi High Court’s single-judge bench accepted the complaint as a request under Section 173(8) of the Criminal Procedure Code, 1973, and instructed the police officer in charge to move quickly to do more research.
The Court determined that receiving the Untrace report without prior notification from the Magistrate was improper and did not limit its ability to issue additional orders in accordance with Section 173(8) CrPC. The court also took notice of the fact that the complainant lost trust in the police administration during the inquiry and issued a warning against failing in its duties if the faith of the public was not won back. The court decided that the motion made in response to the complaint filed under Section 190 of the CrPC would be maintainable. The officer in charge was given instructions to look into the situation more thoroughly while taking into account the complainant’s further comments and the car components discovered at the scene of the collision. On July 31, 2023, the topic will be discussed for the investigation report.
CASE NAME – Jitender Chaudhary v. Gyan Chand, CIS No. COMI-127 of 2019