RUPWATI Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482, Cr.P.C. has been moved with a prayer that the Charge Sheet dated 4.1.2007 numbered as 2/07, under Sections 147,148,323,307,324,325,326,504,506,336,I.P.C. may be quashed and till the disposal of the present application the proceedings of Criminal Case No. 2811/07 pending in the Court of Judicial Magistrate, District G.B. Nagar.

(2.) From the perusal of the papers filed with the application it appears that the complainant Satpal moved an application under Section 156 (3), Cr.P.C. against Jagmal and 9 others including the present applicant Smt. Rupwati. In that application, interalia, it was alleged that on 6.5.2006 the complainant Satpal received an information that the wife of Naresh had died in village Govilla, P.S. Jahagirpur, District G.B. Nagar. The complainant Satpal and others then went to village Govilla and when they were sitting at the house of Naresh, the accused assaulted them. Accused Yaspal also opened fire, from the country made pistol with an intent to commit murder. Complainants companion Jatan was caused injuries with "Palkati" and "Khatpawari". In this incident the complainant Madan Singh also sustained injuries.

(3.) On this application the Magistrate ordered that the case be registered and investigated. The police then registered a case against the accused persons. The accused then moved an application for surrender before the Magistrate, whereupon a report was called for from the Police Station. It was reported that the accused are wanted for the offences under Sections 147,148,323,324, 506,504,I.P.C.. The applicant and other accused were then granted bail. However when the charge sheet was filed by the investigating officer he added Sections 307,324,326,508, I.P.C. as well.