Hari Om vs State Of U.P. And Another
2021 Latest Caselaw 2600 ALL

Citation : 2021 Latest Caselaw 2600 ALL
Judgement Date : 18 February, 2021

Allahabad High Court

Hari Om vs State Of U.P. And Another on 18 February, 2021

Bench: Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 

 
Case :- APPLICATION U/S 482 No. - 4363 of 2021
 

 
Applicant :- Hari Om
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Devendra Tiwari Deva
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh-I,J.

Sri Deepak Dubey, Advocate has filed vakalatnama on behalf of the opposite party no. 2, which is taken on record.

Heard Sri Devendra Tiwari Deva, learned counsel for the applicant, Sri Deepak Dubey, learned counsel for opposite party no. 2 Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.

This application under Section 482 Cr.P.C has been moved with a prayer to quash the impugned order dated 08.01.2021 passed by Additional Sessions Judge, 10th, Bareilly in S.T. No. 599 of 2016 (State vs. Sanjeev and others) under sections 147, 148, 149, 307, 302 IPC, arising out of case crime no. 210 of 2016, P.S. Kotwali, District Bareilly and also a prayer is made to stay the proceedings in this case till the disposal of this application.

Learned counsel for the applicant is aggrieved by the language used by the court below in passing the impugned order dated 08.01.2021 which says that due to clerical error, earlier charge dated 7.2.2017 was framed while the charge dated 3.5.2017 has been correctly framed. Therefore, the said charge framed on 3.5.2015 would be read as corrct charge but he has not mentioned in the order that the earlier charge dated 7.2.2017 shall be discarded. The said mistake dos not appear to be very serious mistake because the trial court has noted in the order that subsequently framed charge dated 3.5.2017 would be read in this case as correct charge and it is also settled law that the charge can be amended at any stage prior to passing of the judgment.

I see that the charge dated 3.5.2017 has been correctly framed and that be taken into consideration by the court below and shall proceed accordingly with the trial.

With the above direction, this application is disposed of.

Order Date :- 18.2.2021