1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Revision Petition No. 942/2010 Babu Lal Vs State of Rajasthan through PP 22.10.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Deshraj Kalwania - for the petitioner Mr Peyush Kumar, PP – for the State BY THE COURT: By this revision petition a challenge has been made to the order dated 2.7.2010 by which charges have been framed against petitioner along with others. Learned counsel for petitioner submits that occurrence took place in two parts. Initially, petitioner was not present at the place of occurrence. If the FIR is looked into then his presence is shown in the second part of occurrence. He has not caused any injury to the deceased but is said to have caused injuries to other injured. No recovery has been effected from the petitioner. Looking to the aforesaid, petitioner has wrongly been charge sheeted for an offence under section 302/149 IPC. At the best, a case can be made out for an offence under section 323 IPC. I have heard learned counsel and perused the recod of the case. 2 Perusal of the record shows that allegations exist for commissioning of offence not only under section 302/149 IPC but also under section 307 IPC. The court below has considered the matter and passed a detailed order framing charges. I do not find any error therein more so when in continuation of the occurrence petitioner's presence has been shown and thereby if he has been charge sheeted for offence under sections 302/149 IPC it cannot be said to be illegal. In the light of aforesaid, I do not find any case for discharging the petitioner for an offence under section 302/149 IPC. Accordingly, the revision petition is dismissed. (MN BHANDARI), J. bnsharma