PRAMOD CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri A. B. L. Gaur, senior advocate, learned counsel for the applicant, Sri Gaurav Kakkar learned counsel for opposite party No. 2 and learned A.G.A., and perused the record.

(2.) THIS application under Section, 482 Cr. P.C. has been filed for quashing the charge-sheet in Crl. Case No. 200 of 2004, under Sections 307/498A, I.P.C. 307/498A, I.P.C. and 3/4, D.P. Act and also the orders dated 8.10.2004 in S. T. No. 619 of 2004, State v. Pramod Chandra, orders dated 13.7.04 in S. T. No. 368 of 2004, State v. Atul Chandra and in S. T. No. 163 of 2004, State v. Rahul Chandra and in S. T. No. 165 of 2004, State v. Uma Chandra, passed by the C.J.M., Bulandshahr refusing to discharge the applicant Pramod Chandra or framing charges against the other accused applicants.

(3.) THREE orders, all dated 13.7.2004, framing charges under Sections 498A, 307, read with 149, I.P.C. and 3/4, D.P. Act against the applicant, Uma Devi, the mother-in-law of the victim Jyoti Gupta, applicants Rahul Chandra and Atul Chandra, who are devars of Smt. Jyoti, and another order dated 8.10.2004 refusing to discharge applicant Dr. Pramod Chandra, father-in-law of Jyoti, passed by the Additional Sessions Judge, Court No. 2, Bulandshahr, in S. T. No. 619 of 2004, were challenged by means of this application under Section 482, Cr. P.C. Earlier an ex parte order was passed by a single Judge without issuing notice to the complainant at the initial stage on 28.10.2004 after hearing the applicants' counsel and the learned A.G.A., which observed that after considering the submissions of the learned counsel for the applicants that the nature of injuries do not make out a case under Section 307, I.P.C., and that conflicting versions of the incident had been given by the injured victim in her statements under Section 161, Cr. P.C., hence the orders dated 13.7.2004 and 8.10.2004 framing charges as above passed by the lower court were being set aside and the case was being remanded to the learned Addl. Sessions Judge to re-consider the matter and to pass fresh orders.