STATE vs SABU

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 22.12.2025 Judgment pronounced on:20.02.2026 + CRL.L.P. 286/2018 STATE .....Petitioner versus SABU ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr. Ritesh Kumar Bahri, APP for the State with Ms. Divya Yadav, Adv. with SI Pavan Kumar Yadav, PS Sunlight Colony. For the Respondent : Ms. Vrinda Bhandari, Adv. (DHCLSC) with Ms. Nitya Jain, Adv. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. By the present petition, the petitioner seeks leave to appeal against the judgment dated 12.02.2018 (hereafter ‘impugned judgment’), passed by the learned Metropolitan Magistrate (‘MM’) in the case arising out of FIR no. 497/2016 dated 21.11.2016, registered at Police Station Sunlight Colony. 2. Briefly stated, it is alleged that on 20.11.2016, the respondent was driving a truck on a public road in a rash and negligent manner. It is alleged that while driving the said truck, the respondent struck against a motorcycle from behind and caused the death of the victim, Signature Not Verified Digitally Signed By:SHIKHA SEHGAL CRL.L.P. 286/2018 Page 1 of 10 Signing Date:21.02.2026 17:48:13 who was driving the motorcycle. 3. The learned MM vide judgment dated 12.02.2018 acquitted the respondent for the offence under Section 279 of the IPC and convicted the respondent for the offence under Section 304A of the IPC. The relevant portion of the impugned judgment in regard to the respondents reads as under: “20 As far as the offence made punishable u/s. 279 IPC is concerned, before the accident, it is not clear as to how or in what manner did the accused act in a rash and negligent manner by driving the truck in question. As per PW1, the accused herein was driving his vehicle at a speed of about 40 kms per