JUDGMENT :

Asha Arora, J.

By the instant application the petitioner has assailed the order dated 21st August, 2018 passed by the learned Additional Sessions Judge, Fast Track 3rd Court, Barrackpore, North 24-Parganas in ST No. 3(4) of 2018 arising out of Titagarh P.S. Case No. 538 of 2012 dated 15th September, 2012 under section 302 of the Indian Penal Code whereby an application under section 216 of the Code of Criminal Procedure filed by the opposite party no.2 herein/defacto complainant was allowed.

2. Learned counsel for the petitioner submits that by an order dated 11th April, 2018 the trial court, upon perusal of the materials in the case diary, framed charge under section 306 of IPC against the accused/petitioner but on a subsequent date, on 21st August, 2018 the aforesaid charge was altered on the basis of an application under section 216 of the Code of Criminal Procedure filed by the defacto complainant/opposite party no.2 herein. By the impugned order the learned trial Judge framed charge for the offences punishable under sections 302 and 376 of IPC against the accused-petitioner. Placing reliance on P. Kartikalakshmi Versus Sri Ganesh and Another, (2017) 3 SCC 347, learned