VIPIN SINHA, J. - (1.) HEARD Sri Dileep Kumar assisted by Sri Rajrshi Gupta, learned counsel for the applicant, Sri G.S. Chaturvedi, learned senior Advocate assisted by Sri Shishir Tandon, learned counsel for opposite party no. 2 and learned A.G.A. for the State.
(2.) THE present 482 Cr.P.C. application has been filed with a prayer to quash the order dated 07.07.2014 passed by Additional Sessions Judge, Court No. 6 Allahabad in S.T. No. 504 of 1997 (State Vs. Phool Chand and Others) arising out of Case Crime No. 246/1993, P.S. Ghoorpur, District Allahabad by which fresh charges have been framed against the applicant under Sections 452 read with Section 120 -B, Section 307 read with Section 120 -B I.P.C. and Section 302 read with Section 120 -B I.P.C. and order dated 08.07.2014 passed by Additional Sessions Judge, Court No. 6 Allahabad by which applicant's application (521 -Kha) has been rejected. The present application has been filed primarily on the ground that the matter was finally heard by the trial court and judgement was reserved on 07.06.2014, which was to be delivered on 28.06.2014. However, on 28.06.2014, the judgement was not delivered and the next date fixed for delivery of judgement was 07.07.2014. It has been submitted that on the next date fixed i.e. 07.07.2014, the trial court instead of delivering the judgement had altered the charge against the accused persons including the applicant as Section 452 read with Section 120 -B, Section 307 read with Section 120 -B I.P.C. and Section 302 read with Section 120 -B I.P.C.
(3.) IMMEDIATELY after the aforesaid alteration of charge, the applicant through his counsel moved an application that since fresh charges have been framed against him and as such further opportunity of cross -examination of the witnesses, with regard to new charges, be given to him in order to ensure fair trial.;