RAKESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned A.G.A. as well as perused the documents available on record.

(2.) This petition under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as Code) has been filed by the accused petitioner for quashing the criminal proceeding of Sessions Trial No. 568 of 2009, arising out of case crime no. 539 of 2008, under Sections 308, 323, 504, 506 I.P.C., Police Station Kachauna, district Hardoi, pending in the court of learned Additional Sessions Judge/F.T.C. No3, Hardoi and also for quashing the impugned order dated 4.8.2010, passed by the learned Additional Sessions Judge/F.T.C. No.3, Hardoi whereby he has framed the charges against the accused petitioner.

(3.) The submission of the learned counsel for the accused petitioner is that the accused petitioner had been summoned by the trial court under Sec. 319 of the Code. He after putting his appearance, moved an application that on the basis of injury sustained by the injured, no offence under Sec. 308 I.P.C. is made out, therefore, no charge under Sec. 308 I.P.C. be framed against him. The learned trial court rejected his application with the observation that the court had already framed charges against co-accused under Sec. 308 I.P.C. along with other sections who were already being tried, therefore, it will be proper to frame charges under Sec. 308 I.P.C. against the accused petitioner too. Consequently, he framed charges against him.