FAKHRUDDIN KHAN Vs. STATE OF U P

LAWS(ALL)-1997-7-188

HIGH COURT OF ALLAHABAD

Decided on July 04,1997

FAKHRUDDIN KHAN Appellant

VERSUS

STATE OF UTTAR PRADESH Respondents

JUDGEMENT

C. A. Rahim, J. - (1.) HEARD learned counsel for the applicants and learned A. G. A
(2.) DELAY is condoned. The impugned order dated 17.1.1997 speaks that Section 308, l.P.C. was added. Learned counsel has submitted that supplementary charge-sheet under Section 323/504/506, l.P.C. was filed and the police has considered all the documents and materials available on record and during that period, medical evidence along with statements under Section 161, Cr. P.C. of the witnesses were also considered. Agreeing with learned counsel I find although on papers were considered by the police at the time of filing charge-sheet. I do not consider that the court concerned is precluded from scrutinising the charge-sheet and the papers at the time of framing charge, and in doing so, if the learned Judge has added Section 308, l.P.C. I do not consider that he was without Jurisdiction. After perusal of the medical report, I find that there were as many as 12 injuries on the person of the victim out of which three injuries were on the vital part of the body. It is also noted that there was fracture on the ribs of the victim below injury No. 3. So after considering all those materials, learned Judge was of the opinion that element of Section 308, l.P.C. was present prima facie. At this stage, it cannot be said that there was no material before him to come to such a conclusion. Moreover, the trial is to be conducted and if in the evidence, something else appears, it would be properly considered by the learned trial court. But at this stage. I do not find any ground to interfere with the order passed by the learned Sessions Judge. It is stated in paragraph 13 of the affidavit filed in support of the application that warrant of arrest has been issued against the applicants. The applicants are therefore directed to appear before the learned trial court within ten days from this date. Till then, they shall not be arrested in connection with this case. If they appear within the time specified, the learned Sessions Judge shall consider the bail application if filed, according to law.
(3.) WITH these observations the revision is dismissed.;

Click here to view full judgement.