Order 3

Order Details: COPY OF ORDER
Pdf Text: Cr. Case No: 2931/2025
FIR No: 582/2024
P.S.: Begum Pur
State Vs. UNTRACED
U/s: 281/106(1) BNS
04.05.2026
Present: Ld. Addl. PP for the State.
Shri Bhushan Pawar for the deceased.
ORDER
1. By this order, I shall dispose of the protest petition filed by the
complainant, Vishal, against the Untrace Report submitted by the
Investigating Officer (IO) in the present case.
2. The present case was registered on the statement of the complainant
regarding a hit-and-run accident that occurred on 09.09.2024 at
approximately 6:30 PM near Begumpur Police Station. It is alleged that a
speeding white car struck the deceased, Kamal, while he was engaged in
digging pits for electric poles. The deceased later died during treatment at
Safdarjung Hospital on 14.09.2024. The IO filed an Untrace Report stating
that the offending vehicle could not be identified despite local inquiries and
efforts to locate CCTV footage.
3. I have perused the police file, the site plan, and the protest petition.
4. The site plan confirms that the accident took place near a divider where
work was being carried out. The allegations regarding the lack of safety
measures and the status of the deceased as a workman at the time of the
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incident raise significant questions regarding criminal negligence under
Section 106(1) BNS, not just on the part of the unknown driver, but
potentially the site supervisors and employers.
5. The IO’s reply primarily focuses on the inability to trace the car but
remains silent on the aspect of workplace safety and the liability of the
principal employer (DDA) and contractors. This court finds the
investigation to be incomplete on these specific counts.
6. Accordingly, the Untrace Report is hereby rejected. The IO is directed to
conduct further investigation into the following aspects:
 Verification of the contract and the entities (DDA/Contractors)
responsible for the work site at the time of the accident.
 Investigation into whether mandatory safety protocols and
barricading were in place at the site.
 Recording of supplementary statements of the complainant and
other co-workers present at the site.
7. A status report regarding the further investigation be filed within six weeks.
8. Put up on 19.08.2026.
(Anuradha Jindal)
ACJM/NW/Rohini/Delhi
04.05.2026
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