Ram Sagar vs State Of U.P. & Others on 22 January, 2010

Court No. - 28

Case :- APPLICATION U/S 482 No. - 226 of 2010

Petitioner :- Ram Sagar
Respondent :- State Of U.P. & Others
Petitioner Counsel :- B.S. Pandey
Respondent Counsel :- Govt. Advocate

Hon'ble Shri Kant Tripathi,J.

Heard the learned counsel for the applicant and the learned AGA and perused
the record.

The learned counsel for the applicant submitted that the police has wrongly
filed charge sheet under section 306 IPC. It was a case of murder and the
charge sheet ought to have been filed under section 302 IPC. The applicant
may if so advised file a complaint before the Magistrate concerned under
section 302 IPC. If any such complaint is filed, the court may entertain the
same and pass appropriate order thereon in accordance with law.

With the aforesaid observations, the petition under section 482 Cr.P.C. is
disposed of finally.

Order Date :- 22.1.2010
MTA