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2002 Supreme(All) 582

B.K.RATHI
MUNNA LAL AGRAWAL – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
A.K.SINGH, SUNIL KUMAR,

B. K. RATHI, J.

The petitioner is an accused in Case No. 203 of 1999, State v. Pradeep Kumar & others, pending in the Court of ACJM II, Bulandshahr. The F. I. R. of the incident was lodged by Vinay Agrawal at Crime No. 10 of 1997 at Police Station Gulaothi District Bulandshahr for offences under Sections 304-B, 201, 498-A IPC and 3/4 D. P. Act. The petitioner is the father-in-law of the victim. After investigation charge-sheet for offences under Section 498-A and 3/4 D. P. Act only was submitted. No charge-sheet for offence under Section 304-B was submitted. On the basis of that charge-sheet charges for offences under Section 498- A and 3/4 D. P. Act were framed against the petitioner on 13-10-1998 by the ACJM under Section 240 Cr. P. C. Thereafter, the complainant on 17-11-1998 moved an application to frame charge for offence under Section 304-B I. P. C. also. That application has been allowed by the impugned order dated 9-2-2000 and it has been ordered that offence under Section 304-B I. P. C. is also prima-facie disclosed against the petitioner and therefore the case shall be committed to the Court of Sessions. This order passed by ACJM-II, Bulandshahr has been challenged in thi













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