MUKESH KUMAR CHAUBEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicants and learned A. G. A. for the State.

(2.) THE applicants by means of this application under Section -482 Cr. P. C. have invoked the inherent jurisdiction of this Court with the prayer to quash the orders dated 24.8.2013, 8.10.2013 and 21.10.2013 passed by the Sessions Judge, Chitrakoot by which Application 16 -Kha, under Section 227 Cr. P. C. and Application No. 20 -Kha under Section 228 Cr. P. C. for discharge and amendment of charge filed by the applicants in S. T. No. 72 of 2012; State Versus Mukesh Kumar Chaubey and others, arising out of Case Crime No.5230 of 2011, under Sections -308, 323 and 504 IPC have been rejected.

(3.) BRIEF facts of the case are that on the basis of the report lodged by opposite party No. 2, Case Crime No. 5230 of 2011 was registered at Police Outpost -Shivrampur, P. S. -Karvi, district -Chitrakoot. The police after completion of the investigation submitted chargesheet against the applicant under the aforesaid offences which was registered as Case No. 2670/10 of 2011 and committed for trial by the Sessions Judge and registered as S. T. No. 72 of 2012; State Versus Mukesh Kumar Chaubey and others. During the trial the applicants moved an application 16 Kha with the prayer that on the basis of the material collected during investigation including the medical evidence, no charge under Section 308 IPC is made out against them and hence they are liable to be discharged under Section 308 IPC and their case be sent back to the Court of concerned magistrate for trial with the cross case.