- (1.) The present criminal revision has been filed with the prayer to set-aside the order dated 14.3.2016 passed by the Additional Sessions Judge, Court No.1, Budaun in Session Trial No. 1024 of 2010 framing charge against the revisionist under Sections 304 IPC read with 34 IPC and 182 IPC. Further prayer has been made to stay the further proceedings of the aforesaid Sessions Trial.
(2.) Heard Shri Bharat Singh, learned counsel for the revisionist, Shri V.C. Mishra, learned Senior Counsel assisted by Shri S.P.S. Rathore, learned counsel for the opposite party no.2 as well as the learned AGA appearing for the State and perused the record.
(3.) It was submitted by the learned counsel for the revisionist that charge framed against the revisionist is illegal as there is no evidence to constitute offence under Section 304 IPC. It was further submitted that criminal revision no. 1361 of 2016 filed by the co-accused Smt. Nasreen has been admitted on 11.5.2016. It was further submitted that the prayer made by the revisionist for discharge was illegally rejected. Offence under Section 182 IPC is also not made out. The impugned order suffers from infirmity and illegality.;