YUNIS Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Dinesh Kumar, learned Counsel for the applicant and learned A.G.A. for the State of U.P.

(2.) THIS application has been filed with a prayer to quash the impugned order dated 29.4.2008 passed by learned Addi ­tional Session Judge, F.T.C. No. 1, Mathura in S.T. No. 123 of 2008 passed by learned Additional Session Judge, F.T.C. -I, Mathura whereby Trial Court has come to the conclusion that on the basis of the ma ­terial collected by the I.O. printa facie of ­fence under sections 336/34, 308/34, 504 and 506 I.P.C. is made out and framed the charges under aforesaid offences.

(3.) IT is contended by that learned Counsel for the applicant that the im ­pugned order dated 29.4.2008 by which the medical examination report has been kept on the record and its copy has been given to the Counsel for the defence is illegal. Subsequently, the learned Trial Court has illegally rejected the application under sec ­tion 227 Cr.P.C. filed by the applicant after considering the subsequent medical exami ­nation report which was not part of the investigation and considering the same the charge has also been illegally framed under section 308 I.P.C. because up to the stage of the charge only the material collected by the I.O. is to be considered, no extraneous material can be considered for the framing of the charge.