ORDER

S.H. Kapadia, CJI

1. These curative petitions are filed by Central Bureau of Investigation for recalling the judgment and order dated 13.9.1996 of this Court in Keshub Mahindra vs. State of M.P. (Criminal Appeal Nos. 1672-1675 of 1996 decided on 13.9.1996 reported in1 1996 (6) SCC 129), on the following premises :

(i) When this Court, by the said judgment dated 13.9.1996 quashed the charges framed against accused Nos. 2 to 5, 7 to 9 and 12 under Sections 304 (Part II), 324, 326 and 429 IPC and directed the trial court to frame charges under Section 304A IPC, this Court had before it adequate material to make out prima facie, an offence chargeable under Section 304 (Part II) IPC. Therefore, this Court committed a serious error in ignoring such material and quashing the charge under Section 304 (Part II) IPC.

(ii) The evidence placed in support of the charge under Section 304A IPC during the trial of the said accused before the learned Chief Judicial Magistrate, Bhopal showed prima facie that the said accused had committed offences punishable under Section 304 (Part II) IPC. But for the said judgment of this Court dated 13.9.1996, the learned Magistrate would have, by taking not