DEVMANI PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri S.K. Dubey, learned Counsel for the appli ­cant, learned A.G.A. for the State of U.P. and Sri N. D. Shukla, learned Counsel for the complainant who have not been impleaded as opposite parties.

(2.) THIS application has been filed with a prayer to set aside the order dated 5.8.2008 passed by learned Addl. Sessions Judge, Court No. 3, Bhadohi in S.T. No. 134 of 1997 and to direct the Trial Court to frame the charges against the accused per ­sons under section 326 IPC.

(3.) IT is contended by learned Counsel for the applicant that according to the medical examination report of the appli ­cant he had sustained only three injuries which were grievous in nature which dis ­closes the commission of the offence under section 326 IPC even then the charge has been framed under section 324 IPC. The learned Trial Court has committed a mani ­fest error by not framing the charge under section 326 IPC.