Court No. - 40 Case :- CRIMINAL REVISION No. - 5648 of 2009 Petitioner :- Tribhuwan Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- H.N. Singh,B. Narayan Singh Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the revisionists and perused the impugned order.
Submission is that the court below has manifestly erred in amending the
charge against the opposite parties no. 2 to 5 as originally framed under
Section 498-A and 304-B I.P.C. and Section 3/4 D.P. Act to 498-A I.P.C. and
3/4 D.P. Act only although there is sufficient material on record for
proceeding against the opposite party no. 2 to 5 under Section 304-B I.P.C..
Considering the submissions made on behalf of the revisionists and the facts
stated this court is of the view that the matters requires considerations upon
receiving response from the opposite parties.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A..
Issue notice to the opposite parties no. 2 to 4 returnable within two weeks.
Steps within three days. List /put up this as fresh on 28.01.2010.
Till the next date of listing, further proceedings in Sessions Trial No. 708 of
2009, State Vs. Manish Kumar and others, under Sections 498-A, 304-B and
3/4 D.P. Act pending in the Court of Additional District & Sessions Judge,
Court no. 10, Allahabad, shall remain stayed.
Order Date :- 11.1.2010
YK