ISRIAL AND ORS. Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) As per the impugned order, Annexure P-1, the trial Court had framed the charge against the accused - petitioner by adding section 148, Indian Penal Code, and by deleting section 34, substituted by section 149, Indian Penal Code. This order passed by the Sub-Divisional Judicial Magistrate was affirmed by the learned Additional Sessions Judge, Gurgaon vide the order (Annexure P-3). Both these orders have been challenged by the petitioners.

(2.) On the basis of documents under Sec. 207, Code of Criminal Procedure, finding a prima facie case against the accused - petitioner the Court had framed charges under Sec. 323, 325 read with section 34, Indian Penal Code. At the close of the prosecution as well as defence evidence, after hearing the arguments, the trial Court considered it proper to alter the charge by framing the charge against the petitioners for the offence under Sec. 148, 149, 323, 325, Indian Penal Code.

(3.) Mr. R.S. Sihota, the learned counsel for the petitioners argued that the impugned orders cannot be sustained as the prejudice has been caused to the petitioners, particularly when there is no allegation contained in the F.I.R. that the petitioners were members of unlawful assembly or they were armed with deadly weapons. In fact they were armed with lathis.