- (1.) Vide this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') petitioners have challenged the order dated 24.8.2011 whereby the Court of revision while allowing the revision petition filed by respondent No.2 had directed the trial Court to frame the charge under Section 325 of the Indian Penal Code (for short 'IPC').
(2.) The FIR No.50 dated 20.3.2006 was registered at Police Station Kalanwali, under Sections 323, 325,452,506 read with Section 34 IPC on the basis of statement of respondent No.2 Harjit Singh. The complainant had suffered injuries in the occurrence in question. Charge was framed against the petitioners under Sections 323, 452,506 read with Section 34 IPC on 9.1.2008. Thereafter, the prosecution concluded its evidence. Statements of accused under Section 313 Cr.P.C. were recorded. Complainant moved an application dated 6.8.2010 ( Annexure P1) for amendment of the charge. It was prayed that the charge under Section 325 IPC was liable to be framed against the petitioners. The trial Court dismissed the said application vide order dated 28.9.2010 (Annexure P6).
(3.) However, the revision filed by the complainant-respondent No.2 was allowed by the Sessions Judge vide order dated 24.8.2011. Hence, the present petition.;