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2000 Supreme(Del) 242

M.S.A.SIDDIQUI
M. SHAFI GOROO – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
M.S.BUTALIA, S.D.SALWAN

M. S. A. Siddiqui, J.

( 1 ) THIS revision is directed against the order dated 16. 12. 1998 passed by the Metropolitan Magistrate, Delhi directing framing the charge under Section 304-A, Indian Penal Code against the petitioner.

( 2 ) BRIEFLY stated, the prosecution case is that on 26. 4. 1996, while playing Golf at the Army Golf Course, the petitioner played a stroke in a rash and negligent manner, causing the fatal injury on right pariet-temporal region of his caddie, namely, Amit James. Immediately thereafter, Amit James was removed to Safdar Jung Hospital. On 2. 5. 1996, the deceased succumbed to the said injury in the hospital. On 27. 4. 1996, deceased s father Soloman Jamesh lodged the FIR at the P. S. Delhi Cantt. regarding the alleged incident. Investigation pursuant thereto culminated in submission of a charge sheet under Section 304-A Indian Penal Code against the petitioner. By the order dated 16. 12. 1998, the learned Magistrate explained particulars of the offecse to the petitioner in the form of a charge under Section 304-A Indian Penal Code Aggrieved thereby, the petitioner has come up in revision before this Court.

( 3 ) LEARNED counsel for the petitioner has strenuo























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