RAMLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Section 482 of the Criminal Procedure Code has been filed by the applicant/petitioner Ramlal s/o. Sukhprasad challenging the order dated 10.01.2013 passed by Revisional Court in Criminal Revision No. 227/12 upholding the rejection order passed by trial Court refusing to discharge the petitioner from offence u/Ss. 286 and 304A of the IPC.

(2.) BRIEFLY stated the prosecution story was that the petitioner is the Secretary of Gram Panchayat village Mogava, Khargone and a well was being constructed in the village and during the construction a blast was carried out, however stone flung out very riskily and injured Laxmibai, who was working in the field and her head started bleeding and she was taken to the hospital however she succumbed to her injury. After completion of enquiry and the investigation the accused petitioner was charged for offence u/S. 286 and 304A of the IPC on complaint filed by the respondents No. 2 to 4 and being aggrieved by cognizance and issuance of charge -sheet the petitioner filed an application for being discharged from the said offences. His main contentions were that he was handed the charge of Gram Panchayat, Mandleshwar as the BRC Presiding Officer and besides stating that petitioner was on medical leave from 03.12.2011 to 15.12.2011. The petitioner produced a copy of the sanction letter as well as medical documents; however the charge -sheet was filed on 19.12.2011 and being aggrieved the petitioner field an application for discharge before the Judicial Magistrate Mandleshwar, who dismissed the same on 21.08.2012. Being aggrieved the petitioner filed the revision before the Revisional Court i.e. Additional District Judge, Mandleshwar and the revision was registered at No. 227/12. However the revisional Court also by the order dated 10.01.2013 dismissed the revision and hence the present petition u/S. 482 of the Cr.P.C. for setting aside the charge sheet, the order framing charge and for acquitting the accused.

(3.) COUNSEL submitted that petitioner was merely a gram panchayat member and he cannot be implicated in the said offences. Counsel submitted that the petition be allowed and the impugned order be quashed and the petitioner be acquitted from the aforesaid offences.