Court No. - 67
Case :- APPLICATION U/S 482 No. - 2323 of 2019 Applicant :- Dheer Pal @ Dheeraj Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ram Janam Shahi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of present 482 Cr.P.C. application, the prayer sought by the applicant is to quash the entire proceeding of S.T. No.311 of 2018(State Vs. Dheer Pal) arising out of case crime no.59 of 2018, under Section 306 IPC, Police Station Paraur, District- Shahjahanpur as well as impugned charge sheet dated 16.05.2018 and order dated 05.09.2018 passed by Additional Sessions Judge(7th), Shahjahanpur by which learned trial court has framed the charge under Section 306 IPC against the applicant.
The FIR was registered under Section 306 IPC and the charge sheet was also submitted in the same section. However, the applicant has managed to get the further investigation done vide order dated 24.10.2018. It is surprising that since then the subsequent investigation is not over, even after lapse of considerable period.
In the opinion of the Court, charges could be altered at any stage of trial. Moreover, there is a provision of Section 464 Cr.P.C. to take care of any such eventuality. Let the trial may proceed unabated. It is the discretion of the trial court to look into the additional material, if any.
Under circumstances, the Investigating Officer is directed to submit its report within a period of six weeks from the date of production of certified copy of this order.
With the aforesaid observations, the present application under Section 482 Cr.P.C stands disposed of.
Order Date :- 22.2.2019 Sumit S