HIMANSHU JETLEY Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By present petition, the petitioner has assailed an order on charge dated 17th April, 2010 made by learned Additional Sessions Judge against the accused directing framing of charge under Section 302 IPC apart from other provisions of IPC.

(2.) The contention of counsel for the petitioner is that the material brought on record was sufficient to frame charge only under Section 304 IPC and not under Section 302 IPC and the learned Additional Sessions Judge failed to appreciate the fact that framing of charge for a graver offence, that is, 302 IPC against the accused was going to affect the prospects of obtaining bail by accused.

(3.) Perusal of the order passed by learned Additional Sessions Judge shows that the learned Additional Sessions Judge had meticulously gone through the facts relevant to the case and thereafter framed charge under Section 302 IPC and under Sections 392/201 and 411 IPC.