DAYA CHANDRA SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit filed today to bring on record the certified copy of the charge sheet filed in the case concerned, is taken on record.

(2.) The applicant, by means of this application under Sec. 482 Crimial P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 27.7.2016, passed by Additional Sessions Judge, Court No.1, Meerut, in S.T. No.363 of 2012 under Sections 147,148,308,504 and 506 I.P.C. Police Station:Jani, District Meerut, whereby the learned Magistrate has rejected the application moved by the complainant/applicant for alteration/addition of additional charge under Sec. 326 and 307.

(3.) Learned counsel for the applicant has submitted that the police after investigation had filed charge-sheet under Sec. 307 I.P.C. along with other sections. However, the learned Magistrate, while framing charge, instead of framing charge under Sec. 307 I.P.C., framed charge under Sec. 308 I.P.C. ignoring the statement of the Doctor, recorded under Sec. 161 Crimial P.C. Learned counsel for the applicant has submitted that after the statement of the doctor, who was examined as P.W.6, during the trial, and who stated that the injury sustained by the injured was dangerous to life and could have been proved fatal, the applicant moved an application under Sec. 216 Crimial P.C. before the trial court to frame charge under Sec. 307 and 326 I.P.C., against the accused persons which was rejected by the trial court, by the impugned order dated 27.7.2016 on the flimsy grounds. Hence it has been prayed by learned counsel that the impugned order be set aside and the court below be directed to pass fresh orders on the application moved by applicant for alteration/addition of charge.