Indrajit Chatterjee, J.

1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 in which the de facto complainant of Taltala P.S. Case No.159 dated 12/05/2010 under Sections 279/338/304-II of the Indian Penal Code has assailed the order passed by the learned 1st Additional District & Sessions Judge, Fast Track Court-1, Calcutta as passed on 14/03/2013 in Sessions Case No. 41 of 2011 wherein the said court was pleased to direct that the accused motor cyclist was to be tried in respect of the offence punishable under Section 279/304A and not under Section 279/304-II of the Indian Penal Code and sent back the case record to the learned Chief Metropolitan Magistrate, Calcutta invoking the jurisdiction under Section under Section 228 (a)(1) of the Code of Criminal Procedure for disposal of the same in accordance with law after framing of charge under Section 279 and 304A of the Indian Penal Code. The de facto complainant has been prejudiced by this order as the learned trial court was not pleased to frame charge against the accused under Section 304-II of the said Code.

2. It is the contention of Mr. Bhattacharya, learned Advocate, appearing