Paras Nath vs State of U.P. and Others

R.K. Rastogi, J.—This is an application u/s 482, Cr. P.C. for quashing the order dated 30.3.2007 passed by the Chief Judicial Magistrate, Kushi Nagar at Padrauna in Case Crime No. C-2 of 2003, State v. Shanker Chauhan Crime No. C-2 of 2003, under Sections 435 and 504, I.P.C., P.S. Bishunpura district Kushi Nagar.

Heard the learned Counsel for the applicant as well as the learned A.G.A. for the State.

The grievance of the applicant is that he had moved an application u/s 156(3), Cr. P.C. against the accused persons with these allegations that the accused persons committed offence under Sections 436 and 504, I.P.C. Under the orders of the Magistrate, the police investigated the case and after completion of investigation submitted a charge-sheet against the accused persons under Sections 435 and 504, I.P.C. Thereafter the applicant made a submission before the learned Magistrate for framing charge u/s 436, I.P.C. against the accused persons but that prayer was rejected by the learned C.J.M., and he passed order for framing charge against the accused persons u/s 435, I.P.C. Aggrieved with that order, the complainant filed this application u/s 482, Cr. P.C.

Having heard the learned Counsel for the applicant as well as the learned A.G.A., I do not find any error in the order passed by the learned C.J.M. In view of the discussions made by the learned Magistrate in regard to the statements of prosecution witnesses and after perusing the case diary, I do not find any sufficient ground for interfering with the impugned order at this stage. Learned C.J.M. may frame charges against the accused persons under Sections 435 and 504, I.P.C. but after framing of the charge, at the stage of evidence, if there comes such evidence as makes out a prima facie case against the accused persons u/s 436, I.P.C., it shall, then, be open to the applicant to make a fresh application before the learned Magistrate for amendment/addition of the charge, and if any such application is made by the applicant after adducing necessary evidence in support of the allegation u/s 436, I.P.C., the learned Magistrate may reconsider the matter and pass suitable orders thereon.

With these observations, the application u/s 482, Cr. P.C. is finally disposed of.