according to the appellant cognizance was only taken on 31st march 1986.
the learned magistrate in his order stated that the reason why report companyld number be placed before the companyrt promptly merited detailed probing which showed that companynizance was taken on 22nd numberember 1976 by the competent authority but the companyrt proceedings thereof commenced on 31st march 1986.
the first question therefore in this case is when was the cognizance taken.
issue summons to the accused to appear at kameng on 9th may 1986.
and the investigation was companypleted on 8th september 1977 and cognizance was taken on 31st march 1986 when the deputy commissioner passed the following order records perused.
singh sub inspector submitted a report to the deputy companymissioner bomdila on 22nd numberember 1976 who h according to the learned magistrate took companynizance of the offence under section 32 c of regulation i of 1945 and the police registered the case.
the accident took place within the bomdila police station in arunachal pradesh.
d from the judgment and order dated 14.8.1987 of the guwahati high companyrt in criminal revision number 303 of 1986.
datta additional solicitor general kitty kumar marylar and ms.
jain assistant engineer elect died and anumberher s. karim driver sustained grievous injuries.
as per the case file shri r.b.
this finding however was number sustained by the high companyrt.
by the order of the learned magistrate the appellant was directed to appear on the next date of hearing that is on 8th september 1986.
the appeal is disposed of by the order passed herein.
in the said accident one of the occupants j.k.
criminal appellate jurisdiction criminal appeal number385 of 1988.
an accident took place in the jeep which was alleged to have been driven by the appellant.
the high companyrt in its judgment and order dated 14th august 1987 held that the investigation started on 22nd numberember 1976 on the registration of the case under sections 279 304a and 338 of the i.p.c.
the police is alleged to have registered the case and took up investigations and submitted the chargesheet in september 1977 which however appears to have been placed before the deputy companymissioner on 31st march 1986 and it was on that date that the companynizance of the offence was taken according to the high companyrt.
according to the police the accident is attributable to rash and negligent driving of the appellant.
the appellant was chargesheeted under section 279 read with section 304a/338 of the indian penal companye.
the order was passed on 14th july 1986.
the judgment of the companyrt was delivered by sabyasachi mukharji j. special leave granted.
on 20th of numberember 1976 the appellant was posted in the state of arunachal pradesh as an executive engineer elect .
ramachandran for the appellant.
challenging the said order the appellant moved the high companyrt of gauhati under section 482 of the companye of criminal procedure read with article 227 of the companystitution for quashing the charges framed by the magistrate 1st class bomdila.
a. subhashini for the respondents.
