- (1.) Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 5.8.2014 whereby application moved by the prosecution for framing of alternative charge under Section 302, 120-B/34 of the Indian Penal Code, 1860 ('IPC' for short), was dismissed.
(2.) Learned counsel for the petitioner has submitted that there was sufficient material on record for framing alternative charge against the accused under Section 302/120-B/34 IPC. In fact, the accused had committed murder of the son of the petitioner as he (deceased) had illicit relations with accused Dimple.
(3.) In the present case, on an earlier occasion, prosecution had moved an application for framing of alternative charge under Section 302/34 IPC. The said application was dismissed by the Trial Court vide order dated 21.4.2014. Thereafter, petitioner approached this Court challenging the said order and the Criminal Revision No. 1932 of 2014 was disposed of by this Court on 10.7.2014 by passing following order:- Learned counsel for the petitioner seeks and is granted permission to withdraw the instant revision with liberty to press the prayer for framing of alternative charge after more witnesses are examined. Dismissed as withdrawn with liberty as aforesaid. ;