MUNESH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned counsel for the private respondent and learned A.G.A. for the State and perused the record.

(2.) Instant criminal revision has been preferred against judgment and order dtd. 24/3/2023 passed by Special Judge, DAA(Dacoity Affected Area)/Additional District and Sessions Judge, Hamirpur, whereby application 14Kha moved by accused under Sec. 216 Cr.P.C., for alteration of charge has been dismissed. This case has arisen out of Case Crime No. 87 of 2022, under Sec. 302/34, 201 IPC, P.S. Kurara, District Hamirpur.

(3.) From perusal of record it appears that F.I.R. in present case was lodged by respondent no. 2 on 1/4/2022 under Sec. 364 IPC with averment that his brother Pradeep @ Jwaladeen went missing on 29/3/2022 since 8:00 pm. He was in constant contact with accused Munesh and Chhuttan who were having intimacy with his missing brother. He suspects that Munesh and Chhuttan would be aware of the whereabouts of his missing brother.