Untraced Report Rejected in 2022 Fatal Accident Case; Police Directed to Re-Investigate
In a significant order, a Chandigarh court has rejected the untraced report filed by the police in a 2022 fatal road accident case and has directed the police to conduct a fresh and proper investigation.
Case Background
The case pertains to a 2022 road accident in which an Activa rider lost his life after being hit by a canter vehicle in the Industrial Area, Chandigarh. The police claimed they were unable to identify the offending vehicle or driver and submitted an untraced report before the court.
An FIR was registered under:
Section 279 IPC – Rash and negligent driving
Section 337 IPC – Causing hurt by act endangering life
Section 304A IPC – Causing death by negligence
Court’s Observations
The court strongly criticised the investigation, observing that:
It is highly improbable that no CCTV footage was available in a city like Chandigarh, where CCTV cameras are installed at most traffic points.
The investigation officer failed to conduct a thorough and diligent probe.
The untraced report was forwarded without properly considering the seriousness of the offence under Section 304A IPC.
Eyewitness & Victim’s Family
An eyewitness stated that the canter fled the scene before its number could be noted. Although the victim’s wife and the eyewitness had no objection to filing the untraced report, the court held that lack of objection cannot justify a defective investigation.
Court’s Direction
The court returned the police file and directed further investigation, emphasizing that:
Death due to negligence of an unknown driver cannot be brushed aside casually
The loss of a young, sole earning member requires a serious and accountable investigation
Legal Significance
This order reinforces that:
Courts will not mechanically accept untraced reports
Police must exhaust all possible investigative tools, especially CCTV evidence
Proper investigation is mandatory in fatal accident cases, regardless of investigative difficulties
Key Takeaway
An untraced report is not the end of a criminal case. Courts can and will order re-investigation if the probe appears casual, incomplete, or negligent—particularly in cases involving loss of life.
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