- (1.) Present Sri Rajesh Kumar Mishra for petitioner, AGA for respondent no.-1 State. None present for respondent no. 2 complainant. Counsel for the petitioners informs that his written information regarding this mention case was refused by counsel for the respondent no.-2.
(2.) Admitted facts of this case are that complainant Dharmveer Singh had lodged FIR, on the basis of which Case Crime No. 280 of 2013 was registered in police station Atrauli, District Aligarh. The alleged victim of said incident was daughter of informant (Dharmveer Singh, present respondent no.-2). Afer investigation police had submitted charge-sheet for offence under section 498-A, 323 IPC and 3/4 D.P. Act. On the basis of which criminal case No. 1110 of 2013, State Vs. Ramveer Singh and others u/ss 498-A, 323 IPC and 3/4 D.P. Act was registered. Then before framing of the charge the complainant had moved application dated 10.10.2013 with prayer that order of cognizance in this matter should also be passed for offence u/s 313 IPC alongwith other offences. After affording opportunity of hearing on this application, Judicial Magistrate, Atrauli, Aligarh had passed order dated 21.10.2013 by which said application dated 10.10.2013 of complainant (respondent no.-2) was allowed and it was ordered that on charge-sheet filed by police in this matter, the cognizance of offence under section 313 IPC is also taken alongwith offence under section 498-A, 323 IPC and section 3/4 D.P. Act.
(3.) Against this proceeding of trail court of taking cognizance of offence under section 313 IPC, present Writ Petition No. 10309 of 2015 was filed by petitioners, who are accused in aforesaid criminal case.;