1. - This Misc. petition under Section 482 Cr.P.C. has been filed against the order dated 30.3.2012 passed by Judicial Magistrate, Karauli in Cr. Case No. 215/2004 whereby application of the petitioner for amendment of charges under Section 216 Cr.P.C., has been rejected.

2. The petitioner is facing trial in Cr. Case No. 215/2004 and he was charged for the offence under Section 279, 337, 427 and 429 IPC. The petitioner filed an application under Section 216 Cr.P.C., stating therein that offence under Section 427 and 429 IPC could not be framed as charges under Section 279 and 337 IPC have been framed.

3. The only contention of the present petitioner is that evidence recorded during the investigation speaks that it was a case of accident and for which charges under Section 279 and 337 IPC has been framed. For the offence under Section 427 and 429 IPC, the essential ingredients is intention which is missing by the bare perusal of the prosecution evidence, hence charges under Section 427 and 429 IPC be quashed. The learned Public Prosecutor has left the matter at the discretion of the court.

4. Heard the learned counsel for the petitioner and learned Public Prosecutor and peruse