LAWS(DLH)-2013-11-131

AMAN SAHI Vs. STATE

Decided On November 19, 2013
Aman Sahi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS is a petition u/s 482 Cr.P.C for setting aside the order dated 18.04.2013 passed by the learned Additional Sessions Judge whereby the order dated 02.02.2011 passed by learned Metropolitan Magistrate was modified and direction was given for framing additional charges against the petitioner u/s 307/506 IPC.

(2.) THE factual matrix of the case is that on 17.02.2012 the petitioner got married with respondent no.2 in accordance with Hindu rites and rituals. A complaint was made by respondent no.2 with Crime Against Women Cell (CAW), Pitampura Delhi on the basis of which FIR No.214/06 u/s 498/406/34 IPC was registered with P.S. Mangolpuri, Delhi against petitioner and his family members. The charge -sheet was submitted before Metropolitan Magistrate, Delhi. After hearing arguments on charge, except for the petitioner, all the other accused persons were discharged and order for framing of charge for offences u/s 498A IPC qua the petitioner was passed. Respondent no.1/State filed a criminal revision 60/12 u/s 397 of the Cr.P.C before the Additional Sessions Judge, Rohini Court, Delhi. After hearing learned counsel for the parties, the revision petition was disposed of and the order passed by learned Metropolitan Magistrate was upheld. However, the learned Additional Sessions Judge directed framing of additional charges against the petitioner u/s 307/506 IPC besides the charge already framed against him u/s 498A IPC by the learned Metropolitan Magistrate. This part of the order has been assailed by the petitioners in this petition.

(3.) I have heard Mr. Rajat Aneja, Advocate for the petitioner and Mr. Navin Kumar Jha, learned APP for the State and have perused the record.