Sri Akash P R v. the State by v v Puram Traffic Police
Case brief
What is this about?
Quashing of charge sheet; Section 304 IPC vs Section 304A IPC; framing of charge; road accident / traffic offence; Sections 279, 338, 304 IPC r/w Section 185 Motor Vehicles Act; C.C.No.306/2024; Crime No.101/2024; V.V. Puram Traffic Police, Mysuru; VI Addl. Senior Civil Judge and JMFC Mysuru; Sessions Court direction; Section 482 Cr.P.C.; Section 528 BNSS; two-month time limit; transfer to Magistrate; liberty to file fresh petition; contentions kept open.
What did the court decide?
Petition disposed of. The Sessions Court before whom C.C.No.306/2024 is pending is directed to hear the petitioner and respondent No.2 and, within 2 months from receipt of a copy of the order, pass appropriate orders whether charge is to be framed under Section 304A IPC or Section 304 IPC. If the Sessions Court holds Section 304A applicable and Section 304 not applicable, it shall transfer the matter to the learned Magistrate to proceed further and dispose of the proceedings in accordance with law; if the Sessions Court holds Section 304 applicable and not Section 304A, liberty is reserved to the petitioner to approach the High Court by way of a fresh petition under Section 528 BNSS (Section 482 Cr.P.C.). All rival contentions are kept open.