K L KALRA Vs. STATE

JUDGEMENT

(1.) Criminal Revision No.197/2000 is directed against the order of the learned Additional Sessions Judge dated 9.3.2000 whereby the learned Judge held that there was no evidence on record to sustain charge under Section 304 Indian Penal Code but found evidence on record to frame a charge under Section 304-A Indian Penal Code.

(2.) The learned counsel for the petitioner has drawn my attention to a Judgement of this Court dated 17th October , 2000 whereby the order of the learned Additional Sessions Judge dated 9th March, 2000 was challenged by another accused and this Court, on evaluation of the material before It, came to the conclusion that no charge could be sustained against the accused person under Section 304~A read with Section 34 Indian Penal Code. The case of the petitioner Is Identical to the case of Dr .Davinder Malik In Criminal Revision No.228 or 2000 wherein , as staled above, the charges have been quashed by Order dated 17th October , 2000. The same reasoning would apply to the case of Dr.K.L.Kalra.

(3.) In view of the Judgement dated October 17, 2000 In Criminal Revision No.228/2000, Criminal Revision No.197/2000 Is allowed and Judgement and Order dated 9.3.2000 of the learned Additional Sessions Judge is set aside.