R. K. MITTAL Vs. STATE OF M. P.

JUDGEMENT

(1.) In this petition, under section 482 of the Cr.P.C., petitioner has assailed the order dated 15/10/2018 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 17254/2013, whereby the trial Court has allowed the application filed by the prosecution under section 216 of the Cr.P.C. seeking addition of charge under section 304- A of the IPC. The corresponding order dated 12/2/2019 passed by VIII Additional Sessions Judge, Gwalior in Criminal Revision No.413/2018 affirming the order of trial Court, is also under challenge in this petition.

(2.) Brief facts leading to filing of this case are that on 14/11/13 complainant Makhan Prajapati filed a written complaint before Police Station before Police Station Inderganj, District Gwalior, alleging therein that the petitioner with an intent to dismantle his own house engaged the brother of complainant namely Devki Prajapati. While demolishing the house, the Chhaja (projection) of the building fell down on Devki Prajapati, whereby he sustained injuries on his leg and was taken to hospital for treatment. On the basis of the aforesaid complaint, FIR was registered on 16/12/13. After completion of the investigation, charge-sheet was filed on 26/12/13 for the offences punishable under section 288 and 338 of the IPC. Injured Devki Prajapati was discharged from hospital. However, he died on 5/1/14. Thereafter, police filed supplementary charge-sheet enhancing section 304-A of the IPC.

(3.) The trial Court framed charges under sections 288 and 338 of the IPC on 16/10/2015. After framing of charges, three witnesses were examined. Assistant District Prosecution Officer filed an application under section 216 of the Cr.P.C. on 23/7/18 praying for addition of charge under section 304-A of the IPC. The learned trial Court vide order dated 15/10/18 allowed the said application under section 216 of the Cr.P.C. The said order has been affirmed by the learned Revisional Court.