RAM GOPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajeev Goswami, learned counsel for applicants and learned AGA for State of U.P.

(2.) Applicants have invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") challenging order dated 17.10.2005 passed by Additional Chief Judicial Magistrate-IV, Mathura in Case No.672 of 1998 whereby charge has been altered to 395 and 427 IPC and order has been passed on an application under Section 319 Cr.P.C. whereby applicants have been summoned to face trial under aforesaid sections.

(3.) Counsel for applicants could not dispute that during the trial, Trial Magistrate can always alter the charge and sections. However, counsel for applicants contended that there was no evidence at all to summon applicants and impugned order is patently illegal and founded on non application of mind. He has read statement of PW-1, placed on record, to suggest that there is nothing to implicate applicants.