Court No. - 15
Case :- APPLICATION U/S 482 No. - 42999 of 2018 Applicant :- Udairaj Patel Opposite Party :- State Of Up Counsel for Applicant :- Rajesh Kumar Singh,Krishna Mohan Rai Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the order dated 10.10.2018 passed by Additional Chief Judicial Magistrate, Court No. 2, Allahabad whereby the application of complainant/applicant to take cognizance under Section 308 I.P.C. against accused was rejected.
Learned counsel for the applicant contended that as per injury of the injured, offence under Section 308 I.P.C. is made out against accused persons even so, learned trial court has not summoned the accused persons under Section 308 I.P.C.
As per provision of Section 323 Cr.P.C., if at any stage Magistrate finds that offence is triable by the Court of Sessions, the Magistrate may commit the case to the Court of Sessions. Accordingly, the remedy is available to the applicant.
With the above observations, the present application u/s 482 Cr.P.C. is disposed of.
Order Date :- 29.11.2018 VG..