Court No. - 14
Case :- CRIMINAL APPEAL No. - 6749 of 2018 Appellant :- Hari Ram Singh And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Kartikeya Saran Counsel for Respondent :- G.A.,Tarun Varma
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Kartikeya Saran, learned counsel for the applicant, learned AGA Sri Ravi Prakash Bhatt and Sri Tarun Verma, learned counsel for opposite party no. 2.
This appeal has been preferred to set aside the impugned order dated 2.5.2018 passed by Additional District & Sessions Judge- II/ Special Judge SC/ST Act, Varanasi in Special Sessions Trial No. 440 of 2017, State Vs. Kailash Narayan Singh and others arising out of Case Crime N0. 66 of 1996 under sections 143, 420, 506 IPC and Section 3(1) (5)(10) SC/ST Act, police station Cantt, district Varanasi by which the application of the appellants to discharge them was rejected.
Counsel for the appellants submitted that without proper appreciation of evidence available on the file, the trial court has rejected their application for discharge and in the impugned order the trial court has mentioned those facts which were not available on record whereas counsel for the respondent submitted that the impugned order is a speaking order and passed on the proper appreciation of evidence.
Counsel for respondent no. 2 has also submitted that charge has already been framed in this case. Counsel for the appellant submitted that framing of the charge is not much relevant because charge can not be altered at any stage.
Considering these facts, the appellant is given liberty to move application before the Trial Court for the alteration of the charge within one month from today and if the applicant moves such application then the trial court is directed to decide the said application within two months by a speaking order after proper appreciation of evidence and after affording opportunity of hearing to the counsel for both the parties and DGC/AGC.
With the aforesaid observations, the appeal is disposed of.
Order Date :- 28.11.2018 SKS