GHANSHYAM SINGH CHOUHAN Vs. STATE OF M P

JUDGEMENT

(1.) By this revision petition filed under Section 397 r/w S.401 of the IPC., petitioner has paid for quashment of charges framed by the order dated 18.11.2011 passed by Judicial Magistrate First Class, Mandsaur in Criminal Case No.954/2011.

(2.) Briefly stated the facts in a nutshell are that the petitioner was undergoing prosecution for offence under Section 304-A of the IPC. Counsel submitted that there was no evidence on record on the basis of which charges have been framed in the present criminal case. Counsel submitted that petitioner was only responsible for organizing a horse riding competition and he was not responsible for death of one Devi Singh. Counsel prayed that the learned Judge of the lower Court erred in framing charges u/S.304-A of the IPC againstthe petitioner. Counsel submitted that there was no evidence even today and the trial is underway and likely to take a long time. Moreover the witnesses of arrest and seizure have turned hostile in the Trial Court. Counsel prayed that the petition be allowed and the order framing charges be quashed.

(3.) Counsel for the respondent/State has opposed the submissions of the Counsel for the petitioner and fully supported the judgment of the lower Court framing charges and the admitted fact that the present petitioner was only the organizer of horse riding competition and therefore, cannot be escaped his liability and stated that several witnesses have already been examined in the Court and the trial is well under way. The petition is therefore, nothing, but to ploy to protract proceedings and the petition be dismissed.