LAWS(ALL)-2023-3-148

NANHEY BHAIYA Vs. STATE OF U. P.

Decided On March 31, 2023
Nanhey Bhaiya Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicants, Sri Alok Saran, learned A.G.A. for the State and perused the entire record. In view of the order, which is proposed to be passed today, notice to opposite party No.2 is hereby dispensed with. The instant application under Sec. 482 Cr.P.C. has been filed by the accused/ applicants praying inter alia following relief:-

(2.) Learned counsel for the applicants has submitted that the impugned order dtd. 29/9/2022, whereby the learned trial court has held that the case under Sec. 304B I.P.C. is also made out against the present applicants, has been passed by the learned trial court in exercise of power vested in it by virtue of Sec. 216 Cr.P.C., which is evident from the impugned order dtd. 29/9/2022 itself. However, he submits that the same has been passed on an application moved either by the accused or the complainant/ first informant.

(3.) His next submission is that the impugned order dtd. 29/9/2022, in respect of addition of Sec. 304B I.P.C. against the present applicant on the basis of an application moved by the first informant of this case, is not maintainable. Therefore, the impugned order dtd. 29/9/2022 is patently illegal and against the law rendered by the Hon'ble Supreme Court in P. Kartikalakshmi vs. Sri Ganesh and another reported in (2017) 3 SCC 347.