State v. Sahab Singh

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 184/2021 STATE .....Petitioner Through:

Mr. Pradeep Gahalot, APP for State with SI Virender Kumar, PS: Model Town.

versus SAHAB SINGH .....Respondent Through:

Ms. Shilpa Saini, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 06.08.2024 1.

This petition was filed by the State for grant of leave to appeal against the impugned judgment dated 10th January, 2020 passed by Ld. MM in FIR no. 185/2013 registered at PS Model Town under Sections 279/337/338 IPC, where the respondent accused was acquitted.

2.

The incident arose out of a sudden braking of a bus, which the complainant alleged was moving at fast speed and due to which the complainant, her daughter and her niece sustained simple injuries, while her sister in-law sustained grievous injuries.

3.

The PW-3, ATI Mehar Chand was examined, where he stated in his cross-examination that speed governor had been installed in the offending bus and it could not be driven beyond prescribed speed. 4.

Further, PW-4 who was the conductor of the bus also deposed that the sudden brake had to be applied because the TSR had come before the bus and, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 07:20:58

therefore, was not the fault of the driver.

5.

On a perusal of the impugned order, this Court does not find any infirmity in the analysis of the Ld. MM, the reasoning is cogent and the testimonies of the witnesses have been taken into account. 6.

In view of the above observations, the petition is dismissed. 7.

An oral request is made by APP for State for condonation of delay of about 270 days.

8.

In the interest of justice, delay of 270 days is condoned. 9.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 6, 2024/RK Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 07:20:58