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Jagdev Singh vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 26 March 2009 · Citation: (2009) 03 P&H CK 0236

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 173, 482 · Penal Code, 1860 (IPC) — Section 307, 323, 326, 34
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Judgment

5 paragraphs · 181 words

Kanwaljit Singh Ahluwalia, J.—Present petition has been filed u/s 482 Cr.P.C. seeking direction to the investigating agency to file supplementary report u/s 173 Cr.P.C. for offence under Sections 307 IPC, as the investigating agency had come to the conclusion that offence u/s 326, 323, 34 IPC is made out and had submitted final report u/s 173 Cr.P.C. to this effect.

2.

After filing final report u/s 173 Cr.P.C. (challan), much water has flown. Accused have been charged for offence u/s 326 IPC. Prosecution has examined PW-1 Dr.Nirmal Singh, whose testimony has been attached as Annexure P-4.

3.

Gurjit Singh has suffered injuries on the palmer aspect of left forearm and right forearm. Counsel has stated that injury No. 1 was declared dangerous to life and injury No. 2 grievous in nature. Therefore, charge should have been framed u/s 307 IPC.

4.

Once prosecution evidence has commenced, no direction can be issued to the investigating agency. Petitioner, if so advised, may file an application for amendment of the charge before the trial Court.

5.

With these observations, present petition is disposed off.