RAM LAKHAN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) K. L. Sharma, J. Heard Sri Jai Shanker Audichya, the learned Counsel for the applicants as well as Sri A Mateen, the learned Additional Public Prosecutor for the State.

(2.) THIS an application under Section 482 Cr. P. C. for quashing the additional charge-sheet under Section 307 I. P. C. in Crime Case No. 115/1993, P. S. Fatehpur, District Pratapgarh submitted to the Court of Chief Judicial Magistrate, Pratapgarh.

(3.) AFTER hearing the submissions by the learned Counsel for the applicants as well as by the learned Additional Public Prosecutor, I come to the conclusion that the additional charge-sheet for offence under Section 307 I. P. C. was actually not submitted by the Investigating Officer in exercise of his power's under Section 173 (8) of Cr. P. C. In fact the Investigating Officer had himself given his opinion in the first charge-sheet that no offence under Section 307 I. P. C. had been made out and, therefore, no charge- sheet had been submitted for offence under Section 307 I. P. C. The additional charge-sheet contained in Annexure-11 to the application itself reads that S. P. O. had raised this objection and directed the Investigating Officer to submit additional charge-sheet for offence under Section 307 I. P. C. Accordingly, the Investigating Officer submitted the additional charge-sheet for offence under Section 307 I. P. C. on the asking and direction of the S. P. O. It is thus, evident that the additional charge-sheet had been submitted on the direction and interference of a third party namely, the S. P. O. (Senior Prosecuting Officer ).