RAKSHPAL Vs. STATE OF U P

JUDGEMENT

(1.) Supplementary Affidavit filed today is taken on record.

(2.) This is a complainant application under Section 482 Code of Criminal Procedure against the order dated 9.2.2011 passed by Additional Sessions Judge, Court No. 5, Badaun in S.T. No. 723 of 1997 (State v. Dwarika Singh and Ors.), whereby application 147 Kha dated 10.12.2010 filed on behalf of the applicant/ complainant for amending the charge was rejected.

(3.) In the S.T. No. 725 of 1997, State v. Dwarika Singh and Ors. pertaining to P.S. Wazirganj, district Badaun under Sections 147/148, 302, 451 and 379 Indian Penal Code, an application under Section 216 Code of Criminal Procedure was moved on behalf of complainant stating therein that in the instant case, the dacoity was also committed besides triple murder and therefore, offence under Section 396 Indian Penal Code was also prima facie disclosed and therefore charge be amended and charge under Section 396 Indian Penal Code be also framed.