Court No. - 67
Case :- APPLICATION U/S 482 No. - 33404 of 2013 Applicant :- Shamsher Bahadur And 3 Ors.
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- I.D. Mishra,Santosh Tripathi,Shri Ram (Rawat),Shushil Kumar Mishra Counsel for Opposite Party :- Govt. Advocate,Manvendra Nath Singh
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned AGA for the State.
By means of the present 482 Cr.P.C. the applicants are assailing the order dated 01.09.2012 passed by Additional Sessions Judge, Court No.11, Varanasi in S.T. No. 342 of 2012 arising out of case crime no. 134 of 2011.
It is contended by the learned counsel for the applicants that thought the deceased died at the residence of applicant but viscera report shows that no poisonous substance was found in the viscera. The only injury received by the decease is on her toes and in order to prove the charge under Section 304B IPC, it is essential that the death of the victim was within seven years of marriage and the same was either homicidal or suicidal. There is nothing on record to indicate that both of the deceased was otherwise in the abnormal condition and the court below has wrongly framed charge under Section 304B IPC.
Sri M.N.Singh, learned counsel for the informant has vehemently opposed the prayer.
I have perused the record and after hearing the rival submissions of the parties and without adverting anything upon the merit of the case on either way that an application be made under Section 215/216 Cr.P.C. before the court below for rectifying the mistake in the facts of the present case and the learned Magistrate would hear the matter and pass suitable order strictly in accordance with law and relying upon the material collected by the police during investigation within a period of eight weeks.
With the aforesaid observation the application is disposed of.
Order Date :- 29.4.2019 Abhishek Sri.