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2024 Supreme(Chh) 442

PARTH PRATEEM SAHU
Padman Singh Diwaan, S/o. Late Shri K. R. Diwaan – Appellant
Versus
State of Chhattisgarh, Through P. S. Kotwali, Rajnandgaon, Dist. Rajnandgaon (C. G. ) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kashif Shakeel, Adv.
For the Respondents: Mr. UKS Chandel, Dy. Adv. General, Mr. Rakesh Kumar Thakur, Adv. & Mr. Sameer Oraon, Adv. on behalf of Mr. B.P. Sharma, Adv.

ORDER :

1. Challenge in this criminal revision is to the order dated 5.9.2023 whereby learned Additional Sessions Judge (FTC) Rajnandgaon has framed charges under Sections 304, 427 of the Indian Penal Code and Section 146/196 of the Motor Vehicles Act, 1988 against accused/applicant.

2. Facts of the case, in brief, are that complainant lodged written report in concerned police station mentioning that on 23.5.2022 his son namely Yash Chouthwani was returning home from his Activa vehicle bearing registration number CG04-HK-4924 and at about 12:15 p.m., when he reached near Agrawal Petrol Pump, at that time, accused/applicant driving Bolero vehicle bearing registration mark CG09-5161, rashly and negligently in high speed, dashed Activa vehicle of his son and caused accident. As a result, his son suffered head injury along with multiple injuries all over body. He was immediately taken to the hospital where he was declared brought dead by the doctor. Based on said complaint, the offence under Section 279, 304A, & 337 of IPC was registered against applicant. After due investigation, police found that act attributed to applicant falls within the category of Section 304 of IPC and according

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