Court No. - 48
Case :- CRIMINAL REVISION No. - 1818 of 2018 Revisionist :- Siya Ram Lodhi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This criminal revision has been filed by the revisionists against the judgement and order dated 26.4.2018 passed by learned Additional Sessions Judge, Court No.2/Special Judge (S.C./S.T. Act), Auraiya in S.T. No. 32 of 2014, State vs. Siya Ram and others, under Sections, 323, 452, 504, 506 I.P.C., P.S.- Dibiyapur, District- Auraiya by which the application for alteration of charge has been rejected.
Heard learned counsel for the revisionists and learned A.G.A. for the State. Perused the record.
Submission of learned counsel for the revisionists is that on the basis of evidence that has been produced in the court, certain charges which were framed, ought to have been dropped. But the court below has refused to change the charge accordingly.
Perused the record and the impugned order in the light of the submissions made at the Bar.
The impugned order reflects judicial application of mind. In this case a number of prosecution witnesses have already been examined. The arguments as have been advanced by the counsel relate to final hearing or appreciation of evidence. If the charge is not made out the accused would be acquitted by the court. But the standard of appreciation of evidence at the time of framing of charge is certainly not the same as is at the time of final adjudication on the point of guilt or innocence of the accused. Apart from this, the charges are not to be dropped from stage to stage with the change of evidence that may be produced during the course of trial. There is absolutely nothing wrong in the impugned order on the basis of which the same may be faulted with. There is no illegality, impropriety or incorrectness, much less than any abuse of court's process in the impugned order. There is no good ground to entertain this revision.
The revision lacks merit and stands dismissed.
Order Date :- 30.5.2018 Naresh