AKSHAY BHARDWAJ Vs. STATE OF U. P.

JUDGEMENT

(1.) Applicants being accused have approached this Court through this application under Sec. 482 Code of Criminal Procedure to challenge the order dtd. 21/11/2023 passed by Additional Chief Judicial Magistrate, Court No.1, Mathura in Case No. 7075 of 2019, titled State Vs. Akshay Bhardwaj and another, arising out of Case Crime No. 1297 of 2017, under Ss. 307, 323, 506 I.P.C., Police Station Kotwali, District Mathura, summoning them in relation to the added offence punishable under Sec. 307 I.P.C.

(2.) Learned counsel for applicants submits that initially NCR No. 94/2017 dtd. 28/9/2017 under Ss. 323, 506 I.P.C. was registered against the accused at Police Station Kotwali, Chowki Krishna Nagar, Mathura at the instance of complainant namely, Prem Singh, and subsequently, during the pendency of the investigation, the offence punishable under Sec. 307 I.P.C. was added on 18/12/2017. According to him, the investigation in the alleged crime commenced without the compliance of the mandatory provisions of Sec. 155(2) Cr.P.C. and on the basis of the opinion given by the doctor relating to the injuries suffered by the victim, a charge sheet bearing No. 803 of 2018 dtd. 6/8/2018 was filed under Sec. 173(2) Cr.P.C. against the applicants. He submits that NCR Case No. 94 of 2017, after addition of Sec. 307 I.P.C. was converted as Case Crime No. 1297 of 2017.

(3.) Learned counsel for applicants has further pointed out that on the basis of request by the accused made before S.S.P. Mathura, followed by an order of the Magistrate dtd. 18/12/2019, further investigation commenced in the above case and the offence punishable under Sec. 307 I.P.C. was substituted with the offence punishable under Sec. 308 I.P.C. on 29/10/2020. According to learned counsel, at this stage also, further investigation remained pending, wherein through charge sheet dtd. 7/12/2020 the offence punishable under Sec. 307 I.P.C. stood deleted, and the concession of regular bail too was extended to the accused in respect of the remaining offences i.e. Ss. 323 and 506 I.P.C.