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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 770 of 2008, Smt. Shama vs. Raisa and others relating to offences punishable u/s 323, 452, 504, 506 and 147 of I.P.C., pending in the court of Chief Judicial Magistrate, Hardwar.
In the petition, in substance the petitioners (accused) have challenged order dated 21.04.2011, passed by the trial court whereby the trial court has decided to frame the charge against the petitioners (accused). The revisional court, vide its order dated 13.09.2011, passed in Criminal Revision No. 176 of 2011, affirmed the order of the Magistrate.
Having considered submissions of learned counsel for the petitioners, and after going through the impugned orders and other papers on record, this court finds that the trial court has decided to frame the charge against the petitioners after considering the evidence recorded u/s 244 of Cr.P.C. The main plea of the petitioners is that two of the injured witnesses were not examined at the stage of Section 244 of Cr.P.C. It is pertinent to mention here that at the stage of Section 244 of Cr.P.C., it is not necessary to examine all the witnesses. At the stage of 246 of Cr.P.C., i.e. after framing of the charge, the complainant has to produce the witness for further cross examination, who were examined at the stage of 244 of Cr.P.C., and further he has a right to produce more witness and get them examined.
In the above circumstances, without expressing any opinion as to final merits of the case, this court is not inclined to interfere with the trial of the case, accordingly, the petition u/s 482 of Cr.P.C., is dismissed summarily with the observation that the petitioners may raise their plea of innocence before the trial court.