Karuna Nand Bajpayee, J. - (1.) Supplementary affidavit filed by the counsel for the applicant is taken on record. This Criminal Misc. Application u/s 482 Cr.P.C. has been preferred against the order dated 12.1.2014 passed by the Judicial Magistrate, Iglas Aligarh in Case No.16 of 2015 arising out of case Crime No.651 of 2014 u/s 323, 504, 506, 452 and 392 IPC P.S. Iglas District Aligarh and the order dated 6.1.2016 passed by the Sessions Judge, Aligarh in Criminal Revision No.13 of 2016 preferred by the present applicants against the aforesaid order dated 12.1.2014.
(2.) Heard learned counsel for the applicants and learned AGA.
(3.) Submission of the counsel for the applicants is that the concerned Judicial Magistrate has committed grave illegality while taking cognizance on the charge sheet dated 12.9.2014 by taking cognizance of some additional offences u/s 452 and 392 IPC also under which the charge sheet was not submitted. It has been pointed out that the charge sheet was submitted only u/s 323,504, 506 IPC. It has further been submitted that illegality committed by the concerned Judicial Magistrate perpetuates further by summoning the applicants no.1, 2 and 3 along with applicant no.4 whose name was alone mentioned in the charge sheet dated 12.9.2014. Further submission is that the lower revisional court has also not considered the legal position in right perspective and has dismissed the revision of the applicants against the settled position of law that the concerned Judicial Magistrate cannot add offences while taking cognizance over the charge sheet submitted by the Investigating Officer and also cannot exercise power u/s 319 Cr.P.C. at the time of taking cognisance and issuance of summons. In support of his contention the counsel for the applicants has placed reliance upon Apex Court judgement in State of Gujarat v. Girish Radhakishan Varde reported in 2014(84) ACC 384.;