BHOMA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short the Code' hereinafter) is directed against the order dated 30.3.2005 passed by Judicial Magistrate, Balesar (for short the trial court' hereinafter) in Criminal Original Case No. 118/98, whereby the trial court dismissed the application filed by the petitioners under Sec. 258 of the Code and ordered framing of charge against the petitioners for the offences under Sections 304-A, 337 and 338 IPC. Aggrieved by the order impugned, the petitioners have filed the instant revision petition.

(2.) Briefly stated the facts of the case to the extent they are relevant and necessary for the decision of the revision petition are that on 27.11.1997 one Sukha Ram lodged a report with Police Station Balesar inter-alia alleging therein that electricity wire was lying on the ground near Gordhan Ram's field, a boy returning from the school came in the contact of the electricity wire and due to electrocution the boy suffered injuries and ultimately died. The police registered a crime report and ensued the investigation. After thorough investigation, a challan was filed against both the petitioners for the offences noticed above. An application under Sec. 258 of the Code was moved by the petitioners before the trial court to stop the proceedings. By the order impugned, the trial court dismissed the application, hence this revision.

(3.) I have heard learned counsel for the petitioners and public prosecutor for the State. Perused the order impugned and relevant challan papers.