Court No. - 65
Case :- MATTERS UNDER ARTICLE 227 No. - 4633 of 2019 Petitioner :- Karan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Srivastava Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This matter under Article 227 has been filed seeking a direction to decide the application dated 10.09.2013 for altering the charges in Session Trial No.96 of 2011 (State vs. Lochan and others) arising out of Case Crime No. 33-A/2010, under section 324 I.P.C., Police Station- Kotwali Orai, District- Jalaun, pending in the Court of Additional Session Judge/ F.T.C., Jalaun.
Heard petitioner's counsel and learned AGA. Entire record has been perused.
Submission of the counsel for the petitioner is that the prayer to amend the charge and add certain sections has not been allowed so far and therefore a direction should be given to dispose of the application.
Heard learned AGA and perused the record.
The perusal of the record and specially the order dated 23.4.2019 reveals that the presiding officer has passed the order dated 23.4.2019 whereby it has been observed that P.W.1 has been examined and even the doctor has not been examined so far. On the earlier occasion the Court had passed the order whereby it had observed that after the examination of all the factual witnesses the prayer of the petitioner would be considered. In such circumstances, on the basis of material that was available before the Court, it did not find any good ground to alter or amend the charge. The Court also deemed it fit to consider the prayer of the petitioner after the examination of all the witnesses of fact.
In the aforesaid circumstances, this Court does not see anything wrong in the order and there does not appear to be any justification of filing this writ petition under section 227 of Constitution of India.
The petition therefore stands dismissed.
Order Date :- 29.5.2019/ shiv