RAM JASH Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 2.8.2010 passed by Additional District Judge/FTC Court No.2 Bhadohi-Gyanpur in S.T.No.103 /2010, State v. Ramyash under Section 504 and 308 IPC Police Station Suriyawan District Sant Ravidas Nagar Bhadohi, by which applicant's discharge application has been rejected and charge under Section 504 and 308 IPC has been framed against the applicants.

(2.) Learned counsel for the applicant took me through the FIR (Annexure 1) and the statements of the witnesses recorded under Section 161 Cr.P.C., copies whereof have been filed compositely as Annexure 3 to the affidavit accompanying this application.

(3.) This application under Section 482 Cr.P.C. is allowed in part. The order dated 2.8.2010 passed by Additional District Judge/FTC Court No.2 Bhadohi- Gyanpur in S.T.No.103 /2010, State v. Ramyash under Section 323,325,504 and 308 IPC Police Station Suriyawan District Sant Ravidas Nagar Bhadohi, is modified to the extent that the charge against the applicant under Section 308 IPC is set aside and the learned Sessions Judge is directed to frame charge against the applicant under Section 323,325,504 IPC and then transfer the case under Section 228(a) Cr.P.C. to Chief Judicial Magistrate, Sant Ravidas Nagar, Bhadohi for trial of the applicant for the offence under Section 323,325,504 IPC.