O R D E R

The accused in S.C.No.827 of 2015 on the file of the Additional Sessions Court-VI, Ernakulam is the revision petitioner. The Sessions Court framed a charge against him for the offence punishable under Sections 304 and 308 of the Indian Penal Code , 1860 ( IPC ) and Section 185 (a) of the Motor Vehicles Act , 1988. The petitioner in this Revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code) seeks to set aside the said order dated 19.02.2019 framing the charge.

2. A pedestrian, Sri.John, died as a result of the hit by an autorickshaw. A speeding car hit that autorickshaw and consequent swerving resulted its rear side dashing the pedestrian. The driver and the passengers in the autorickshaw also sustained injuries. It was 5.45 a.m. On 19.10.2014, while the autorickshaw was being driven by its driver, CW1 with three passengers, CWs.2 to 4 in the rear seat. The car driven by the petitioner in an enormous speed dashed against the autorickshaw. The autorickshaw went and hit a lorry stationed there. While the autorickshaw swerved towards the right as an impact of the hit by the car, its rear side happened to hit Sri.John, who was wa