RAGHUNATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The instant revision has been preferred against the order dated 8.1.2010 passed in S.T. No.189 of 2009, under Sections 147, 148, 149, 452, 323 and 504, IPC, P.S. Achhanera, District Agra.

(2.) Vide the impugned order learned Additional Sessions Judge, Court No.14, Agra on an application by the revisionist under Section 216, Cr.P.C. praying that charge under Section 302 and 307, IPC in the light of evidence of the witnesses be framed against the accused persons, has observed that it will not be appropriate to express opinion at this time and only after the entire evidence is recorded and it is found at the time of the judgment that accused Damodar has murdered Prem Singh then in that situation the court will be free to amend the charge and the question of framing of charge under Section 302 and 307, IPC will be considered finally at that time. Accordingly, the application under Section 216, Cr.P.C. has been disposed of. Aggrieved from the impugned order the revisionist has preferred the revision on the ground that the impugned order is arbitrary and has been passed without application of judicial mind as the court below while passing the said order, has completely overlooked facts and circumstances of the case, evidence on record as well as the grounds mentioned in the application.

(3.) I have heard learned counsel for the revisionist and learned A.G.A. and have perused the record.