BALA KRISHNA NARAYANA,J. - (1.) THIS application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 2.8.2010 passed by Additional District Judge/FTC Court No.2 Bhadohi-Gyanpur in S.T.No.103/2010, State Vs Ramyash under Section 504 and 308 IPC Police Station Suriyawan District Sant Ravidas Nagar Bhadohi, by which applicant's discharge application has been rejected and charge under Section 504 and 308 IPC has been framed against the applicants. The brief facts of the case as stated in the affidavit accompanying this application are that on the basis of the report, lodged by the opposite party No.2 NCR No.12 of 2009 under Section 323,325,504 IPC was registered at Police Station Suriyawan District Sant Ravidas Nagar, Bhadohi.
(2.) AFTER the injury report of the injured Smt. Phool Devi was obtained the NCR No.12 of 2009 was converted under Section 323,325,504 IPC at crime no.217 of 2009 Police Station Suriyawan District Bhadohi. Upon submission of supplementary injury report of injuries of Smt. Phool Devi, the investigating officer moved an application before the ACJM Bhadohi being Criminal Misc. Application No.51 of 2009, with a prayer that case crime no.217 of 2009 be converted under section 308,325,323,504 IPC. The said application was allowed by the ACJM Bhadohi by his order dated 25.3.2009 in pursuance whereof the Investigating officer converted the case under Section 308,325,323,504 IPC. The Investigating officer after recording the statements of the prosecution witnesses under Section 161 Cr.P.C. concluded the investigation and submitted chargesheet against the applicant under Section 504,308 IPC. The case was committed to the court of Sessions and registered as Sessions Trial No.103 of 2010 and transferred for disposal before the Additional Sessions Judge/FTC Court No.2, Bhadohi. The applicant moved an application for discharge on the ground that from the perusal of the allegations made in the FIR the injury reports of Phool Devi and the statements of the witnesses recorded under Section 161 Cr.P.C. no offence under Section 308 IPC was made out and the chargesheet has been wrongly submitted. The Court below however rejected the discharge application and framed charge against the applicant under the aforementioned offence. Learned counsel for the applicant took me through the FIR (Annexure 1) and the statements of the witnesses recorded under Section 161 Cr.P.C., copies whereof have been filed compositely as Annexure 3 to the affidavit accompanying this application. I have also perused the copies of the injury report, X Ray report and the supplementary report of the injuries of the injured Smt. Phool Devi, copies whereof have been filed compositely as Annexure No.2. The injury report although indicates three injuries namely a lacerated wound 3cmx 0.5 cm bony deep on mid of frontal region fresh bleeding 2, lacerated wound 2 cmx 1.5 cm x bony deep on base noze fresh bleeding 3. lacedrated wound 2.5 cmx 1 cm x muscle deep on upper lip just below nose, the said injuries according to the opinion of the doctor were simple in nature. As per the opinion of the doctor who submitted the supplementary injury report of injured Smt. Phool Devi the injury no.1 received by Phool Devi was grieveous. The X ray report of the injured does not disclose any abnormality.None of the injuries are stated to be dangerous to life. In view of the medical evidence and the materials which were before the Sessions Judge, while framing charge it is obvious that the Sessions Judge was justified in framing charge under Section 323,325,504 IPC against the applicant but he was not at all justified in framing the charge for the offence under Section 308 IPC. Consequently, the impugned order framing the charge against the applicant can not be sustained to the aforesaid extent.
(3.) THIS application under Section 482 Cr.P.C. is allowed in part. The order dated 2.8.2010 passed by Additional District Judge/FTC Court No.2 Bhadohi-Gyanpur in S.T.No.103/2010, State Vs Ramyash under Section 323,325,504 and 308 IPC Police Station Suriyawan District Sant Ravidas Nagar Bhadohi, is modified to the extent that the charge against the applicant under Section 308 IPC is set aside and the learned Sessions Judge is directed to frame charge against the applicant under Section 323,325,504 IPC and then transfer the case under Section 228(a) Cr.P.C. to Chief Judicial Magistrate, Sant Ravidas Nagar, Bhadohi for trial of the applicant for the offence under Section 323,325,504 IPC.;