A.M.KHANWILKAR,J. - (1.) This appeal, by special leave, filed by the appellants in-person, is against the judgment and orders dated 10th January, 2013 and 19th March, 2013 passed by the High Court of Judicature at Allahabad, Lucknow Bench, in Case U/S 482/378/407 No.60 of 2013. The first order dated 10th January, 2013 is obviously an interlocutory order but also rejecting reliefs (i) to (iv) claimed in the petition filed by the appellants. The petition came to be finally disposed of by the High Court vide judgment and order dated 19th March, 2013. Accordingly, both these orders have been assailed in the present appeal. The copy of the petition filed before the High Court has not been included in the appeal paper book. However, from the impugned order dated 10th January, 2013, it is noticed that the first prayer in the petition filed before the High Court was to direct the investigating agency to include Section 307 of Indian Penal Code ("IPC", for short) in the charge-sheet filed against three persons before the Trial Court in Crime No.419 of 2010, P.S. Wazirganj, Lucknow. The second prayer is to include other relevant sections of IPC or other Acts against the accused in the aforementioned crime. The third prayer is to frame proper charges against Jameeruddin Siddiqui (ex-ADJ). Fourth prayer is to take cognizance against the Emergency Medical Officer of Adarsh Karavas on 24th June, 2010. The fifth prayer is to discover all the accused on the basis of the clue given in paragraph 8 of the Counter Affidavit. The sixth prayer is to grant reasonable time for completion of investigation and seventh prayer is to pass any other or further orders in favour of the appellants. In the impugned order dated 19th March, 2013, the prayers mentioned in the subject petition filed by the appellants before the High Court have been reproduced as under: "2. By means of the instant petition, the petitioners have challenged the investigation pending in Case No. CB 447 of 2010, arising out of case crime no. 419 of 2010 (State v. Airaz Siddiqui and Others), police station Wazirganj, Lucknow investigated by the C.B. CID, Luckonw and has made following prayer- "(i) It is prayed to include section 307 of IPC on the charge sheet submitted in Crime No. 419 of 2010, police station Wazirganj, Lucknow. (ii) It is prayed to impose other relevant sections of IPC or other Acts against accuseds in crime no. 419/2010, police station Wazirganj, LKO that Lordship deems fit, just and proper for assaulting in Judicial Custody even after Hon'ble High Court Security Instructions. (iii) It is prayed to frame proper charges against Jameeruddin Siddiqui (ex-ADJ). (iv) It is prayed to take cognizance against the concerned Emergency Medical Officer of Adarsh Karavas on 24/06/2010. (v) It is prayed to regard para 8 of Counter Affidavit as a key to discover all the accused. (vi) It is prayed to grant reasonable time for the completion of Investigation as Lordship deems, just, fit and proper. (vii) It is prayed to pass any other order in favour of the petitioners."
(2.) As regards reliefs (i), (ii) and (iii), the same stood disposed of in terms of the impugned order dated 10th January, 2013, and rest of the reliefs were considered and answered by the High Court vide impugned order dated 19th March, 2013.
(3.) In substance, the reliefs claimed in the petition filed before the High Court were in reference to the criminal case registered against private respondents and other accused, being Crime No.419 of 2010. In the order dated 10th January, 2013, the High Court noted that the charge-sheet was already filed in respect of the said crime before the competent Court against three accused for offences punishable under Sections 147, 323, 504 and 353 of IPC and the Court was informed by the AGA that investigation against other accused was still going on. It is in that context the High Court observed at the end of the impugned order dated 10th January, 2013 that so far as reliefs (i), (ii) and (iii) are concerned, the appellants may approach the Trial Court. This is one aspect to which our attention has been drawn by appellant No.1, who has appeared inperson. As regards this grievance of the appellants, we are in agreement with the High Court that the appellants are free to pursue their legal remedies before the Trial Court for inclusion of Section 307 of IPC in Crime No.419 of 2010. Needless to observe that even if charge-sheet in respect of the said offence has been filed, it is open to the Trial Court at the appropriate stage to frame the charge for offence under Section 307 of IPC if the material on record justifies framing of such a charge, including to amend the charges and also to proceed against other persons appearing to be guilty of offence. None of the observations made by the High Court in the impugned orders will be any impediment for the Trial Court to do so. This must assuage the apprehension of the appellants that even if there is evidence to indicate commission of offence under Section 307, such a charge has been framed against the concerned accused. We leave that question open to be considered by the Trial Court on its own merits and in accordance with law.;