Raju Singh And 3 Others vs State Of U.P. And Another
2016 Latest Caselaw 7489 ALL

Citation : 2016 Latest Caselaw 7489 ALL
Judgement Date : 9 December, 2016

Allahabad High Court

Raju Singh And 3 Others vs State Of U.P. And Another on 9 December, 2016

Bench: Vinod Kumar Srivastava-Iii




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 37158 of 2016
 

 
Applicant :- Raju Singh And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ajay Singh Sengar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vinod Kumar Srivastava-III,J.

Heard Miss Manju Savita Advocate holding brief of Sri Ajay Singh Sengar, learned counsel for the applicant and Sri Gaynendra Kumar, learned AGA for the State-respondent.

The present application under section 482 Cr.P.C. has been filed for quashing of the order dated 9.1.2015 passed by Chief Judicial Magistrate, Jalaun at Orai in Sessions Trial No. 27 of 2015 Case Crime No. 1382-A of 2014, (State of U.P. vs. Raju Singh and others) under Sections 147, 304, 504, 506, 323 and 325 IPC, PS Kalpi, district Jalaun as well as entire proceedings of the aforesaid case.

Learned counsel for the applicant submitted that initially the charge sheet was filed by the Investigating Officer under Section 145, 323, 325, 307, 302, 504 and 506 IPC, but the Chief Judicial Magistrate, Orai after taking cognizance on the charge sheet has summoned the applicant along with other co-accused persons under Sections 147, 304, 504, 506, 323 and 325 IPC. Learned Magistrate has excluded the offence under Section 302 IPC and substituted the offence under Section 304 IPC, which is illegal and the Chief Judicial Magistrate, Orai had no power to alter the offence at the stage of taking the cognizance on the charge sheet.

In view of the aforesaid, matter requires consideration.

Issue notice to the opposite party No. 2 returnable within a period of four weeks. Steps be taken within a week.

Learned AGA prays for and is granted four weeks' time to file a counter affidavit. Opposite party No. 2 may also file counter affidavit within the same period. Learned counsel for the applicant shall have two weeks thereafter to file a rejoinder affidavit.

List after the expiry of the aforesaid period before the appropriate Bench.

Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.

The matter shall not be treated as tied up or part heard to this Bench.

Order Date :- 9.12.2016

Ishan