Single judge dismissed an application under Section 482 Cr.P.C. seeking to quash the framing of lesser charges, holding that the remedy of alteration of charge under Section 216 Cr.P.C. before the trial court was available and appropriate.
Application under Section 482 Cr.P.C. dismissed; no extraordinary jurisdiction exercised.
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Court No. - 22
Case :- APPLICATION U/S 482 No. - 33842 of 2018
Applicant :- Raj Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pt. S.P. Sharma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for applicant.
This application under Section 482 Cr.P.C. has been field to quash the order dated 24.11.2017 passed by Special Judge/Sessions Judge (E.C. Act) Jhansi in Sessions Trial No. 195 of 2017 (State Vs. Udal and others) whereby learned trial court has framed charge against opposite party under Sections 304, 323 and 504 I.P.C.
Learned counsel for applicant contended that from perusal of F.I.R. and other materials available on record, charge under Section 302 I.P.C. is made out against opposite party no.2 Udal and opposite party no. 3 Saurabh. Even so learned trial court has not framed charge under Section 302 I.P.C. against them.
As per provision of Section 216 Cr.P.C. court may alter charge at any time before pronouncement of the judgment.
Accordingly remedy is available to applicant to pray for alteration of charge before trial court.
In view of above, it is not appropriate for this court to pass any order in exercise of extraordinary jurisdiction under Section 482 Cr.P.C.
In the result, application under Section 482 Cr.P.C. is dismissed.
Order Date :- 25.10.2018 Sharad/-
1 issue framed by the court
Whether the High Court can exercise extraordinary jurisdiction under Section 482 Cr.P.C. to quash the order framing charges when a petition seeking alteration of charge under Section 216 Cr.P.C. is av
3 provisions across 2 enactments
Raj Kumar
State Of U.P.
Udal
Saurabh
Umesh Chandra Tripathi
As recorded by the court registry
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