RAHUL DHOKA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is directed against the order passed by the learned XIX Additional Sessions Judge, Chennai, in Crl.M.P.No.133 of 2015 in S.C.No.174 of 2015, dated 12.04.2016 dismissing the discharge petition filed by the petitioner.

(2.) Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

(3.) The learned counsel appearing for the petitioner would contend that charge sheet was filed against the petitioner for the offences punishable under Sections 308 of I.P.C. and 184 of the Motor Vehicles Act and the case was taken on file by the learned XIX Additional Sessions Judge, Chennai, as S.C.No.174 of 2015. He would submit that the road traffic accident will not come under the provision of Section 308 of I.P.C. There is no material on record to frame the charge against the petitioner/accused for the offence under Section 308 of I.P.C. and since there is no intention to commit the offence knowingly by the petitioner, Section 308 of I.P.C. is not made out and only the offence under Section 184 of the Motor Vehicles Act alone is made out against the petitioner. Hence, the learned counsel prayed that the petitioner may be discharged from the charge under Section 308 of I.P.C.