Court No. - 49
Case :- APPLICATION U/S 482 No. - 29189 of 2018 Applicant :- Suresh Bind And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Yashpal Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 13.07.2018 passed by the Addl. Session Judge, Court No. 3, Azamgarh in Session Trial No. 181 of 2012 (State Vs. Suresh Bind) and Session Trial No. 533 of 2012 (State Vs. Bikram Bind), arising out of Case Crime No. 427 of 2011, under Section 306 I.P.C., Police Station- Pawai, District- Azamgarh by which the learned Court below has altered the charges for which the applicants were standing trial.
It is submitted that the applicants were facing trial for the offence alleged under Section 306 IPC. While the informant remained absent since 2013, he appears to have then suddenly appeared in the year 2018 and preferred an application dated 21.02.2018 paper no. 55-kha for alternation of charge. The said application has been allowed and charges have been directed to be framed under Sections 498-A and 304-B IPC.
Learned counsel for the applicants submits that besides the other illegalities in the aforesaid order, the learned Court below has completely erred in acting on such an application which is not supported by any evidence led before the learned Court below.
The aforesaid arguments appear to be well founded. Perusal of the impugned order does not indicate any application of mind to evidence that may have been received by the learned trial court and it appears that the learned Court below has got swayed by the gravity of the allegations made in the application being paper no. 55-kha.
In view of the fact that no evidence appear to have been considered on the alteration of charge, therefore, the impugned order cannot stand.
No useful purpose would be served in keeping the present application pending any further as it may only result in delaying the proceedings further.
Accordingly, the order dated 13.07.2018 passed by the Addl. Session Judge, Court No. 3, Azamgarh is set aside and the matter is remitted to the learned Court below to pass a fresh order, in accordance with law pertaining to alteration of charge. It may also consider while exercising that power, in any case, the charge under Sections 306 and 304-B IPC may not run parallely.
The aforesaid exercise may be concluded as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order.
With the aforesaid observation, the present application is disposed of.
Order Date :- 24.8.2018 Abhilash