Dismissed
Surendra Pal Singh v. State of U.P. and Others
Allahabad HCCRLR/1292/2010
Case brief
from the order text
What is this about?
Case :- CRIMINAL REVISION No. - 1292 of 2010…
What the court decided
AI extract
Case :- CRIMINAL REVISION No. - 1292 of 2010…
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Court No. - 28
Case :- CRIMINAL REVISION No. - 1292 of 2010
Revisionist :- Surendra Pal Singh Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- Raghubir Singh,A.K. Jaiswal,Sidharth Jaiswal Counsel for Opposite Party :- Govt. Advocate,Saurabh Gour
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for revisionist, learned counsel for opposite party and learned A.G.A. for State.
This criminal revision has been preferred against the order dated 16.03.2010 passed by Additional Sessions Judge, Court No. 2 Agra, in Case Crime No. 364A/2007 [Sessions Trial No. 294/2009] whereby charges under Sections 323/34 and 325/34 I.P.C. have been framed against accused/opposite parties Neeraj, Smt. Asha Parihar and Netra Pal Singh.
Learned counsel for revisionist contended that in F.I.R. it is mentioned that accused Neeraj has fired to kill the revisionist. Revisionist has sustained grievous injury. So offence under Section 326 and 307 I.P.C. is made out. Learned trial court has not framed charge in these offences, which is against law.
Learned counsel for opposite party and learned A.G.A. contended that there is no illegality in the impugned order passed by learned trial court.
Learned counsel for revisionist admitted this fact that after investigation police has submitted charge-sheet against accused only under Sections 323/34 and 325/34 I.P.C.
As per provision of Section 216 Cr.P.C. trial court may alter or add to any charge on the basis of evidence at any time before judgment is pronounced. Trial court has framed charges on the basis of case diary submitted by police.
In view of above, I find that there is no illegality in the impugned order passed by trial court.
Accordingly, instant criminal revision is dismissed .
Order Date :- 2.5.2018 Sharad/-
Surendra Pal Singh
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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