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FIR Against Dead Man in Himachal For Rash Driving, Police Justify it as Routine Affair

A water tanker driver, Sanjeev Kumar of Chakban village in Nurpur sub-division of Kangra district died on the spot Thursday night when his vehicle fell into a deep gorge at Sunara crossing on its way to Dharwala from Chamba.

PTI

Updated:November 23, 2018, 7:21 PM IST
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FIR Against Dead Man in Himachal For Rash Driving, Police Justify it as Routine Affair
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Shimla: A man who was killed in an accident has been booked for rash and negligent driving in Himachal Pradesh's Chamba district, the police said Friday, maintaining that it was a routine practice.

A water tanker driver, Sanjeev Kumar of Chakban village in Nurpur sub-division of Kangra district died on the spot Thursday night when his vehicle fell into a deep gorge at Sunara crossing on its way to Dharwala from Chamba, they said.

Subsequently, a First Information Report (FIR) under Indian Penal Code sections 279 (rash driving) and 304 A (causing death by negligence) was registered against Kumar at Bharmour police station, they added.

When contacted, Chamba Superintendent of Police Monica Bhutunguru justified the registration of FIR against the dead person.

She said the Investigating Officer (IO) might have gathered evidence that the accident occurred due to rash and negligent driving by Kumar.

So, as per routine practice under law, the FIR was lodged against him despite the fact that he is no more, she added.

Asked how the case is pursued in the court against a dead person, she said, "The routine investigation is done in the cases registered against dead persons as it has been done in other cases".

Subsequently, the charge sheet is presented in the trial court and if the deceased is found guilty, the court proceedings are dropped, she said.

And if the dead person is not found at fault and someone else is found guilty during the investigation, an FIR is lodged against that person, she added.
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