VIVEK PURI, J.

1. The petitioner has assailed the order dated 09.08.2022 passed by the Court of Sessions, Fazilka vide which charge under Sections 304 and 427 of the Indian Penal Code (for short `IPC’) has been framed against the petitioner.

2. Briefly, the FIR has been registered on the basis of the statement of Prem Parkash alleging that on 26.04.2022, the petitioner was driving an oil tanker at a high speed and by making cuts in a zig zag manner. The petitioner intentionally struck the tanker with scooter being driven by Surinder Kumar, the son of the complainant. Besides, Naveen Kumar and Pooja Rani were also travelling on the scooter. It resulted in the death of all the three occupants of the scooter.

3. Learned counsel for the petitioner contends that there is no allegation to the effect that the petitioner was under the influence of liquor and at the most, it is a case of rash and negligent driving. Consequently, the offence under Section 304A IPC is made out. Moreover, the charge as framed by the learned trial Court indicates that the allegations against the petitioner are with regard to rash and negligent driving and consequently, it cannot be said that the offence under Sect