IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 2087 of 2008 (O&M) Date of decision: 20th May, 2009 Baldev Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Dhiraj Chawla, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed by Baldev Singh son of Sher Singh, resident of village Lashkanian, Tehsil and District Patiala. In the present case, quashing of order dated 9th January, 2007 passed by Additional Sessions Judge, Ludhiana has been sought, whereby petitioner has been charged under Section 304, 308 IPC. Counsel for the petitioner has read the FIR and has stated that from prima facie reading of the FIR, offence, if any, will fall under Section 304-A IPC and at the best, petitioner can be attributed rash and negligent driving of the vehicle. Counsel has submitted that from the facts of the case, the trial Court has committed a grave error by framing charge under Section 304 and 308 IPC. Criminal Revision No. 2087 of 2008 (O&M) Earlier, petitioner had filed a petition and this Court had directed the trial Court to deal with the arguments regarding amendment of the charge. I have read the impugned order. The trial Court has held that charge can be framed for the higher offence and petitioner can be convicted for a lesser offence. Counsel for the petitioner has otherwise stated that two witnesses have been examined. Let the arguments raised by the petitioner be taken into consideration at the time of conclusion of the trial. Once trial has proceeded, to set aside the charge and remand the matter for commencement of the trial de-novo, will not serve the purpose of anybody. With these observations, present revision petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 20, 2009 rps 2