JUDGMENT :

1. Sri Birendra Kaushik, learned counsel for the applicants and Sri Pankaj Saxena, learned A.G.A.I appearing for the Stateopposite party.

2. The present application under Section 482 Cr.P.C. has been filed seeking to quash the order dated 28.08.2020 passed by the Additional Session Judge, Court Room No.3, Mathura, in exercise of powers under Section 216 Cr.P.C., in Session Trial No. 234 of 2016 (State Vs. Smt. Rekha and others) under Section 306 I.P.C. Police Station Jamunapar District Mathura.

3. Briefly stated the facts of the case are that an F.I.R. dated 17.01.2016 was lodged by the opposite party no. 2 against the applicants which was registered as Case Crime No.0012 of 2016 under Sections 147, 148 and 302 I.P.C. at Police Station Jamunapar, District Mathura. After investigation the police submitted a chargesheet against the applicants under Section 306 I.P.C. on 17.04.2016 and cognizance on the chargesheet was taken by the Additional Chief Judicial Magistrate, IV, Mathura on 06.05.2016.

4. The statements of the prosecution witnesses were recorded and thereafter an application (paper no. 68 Kha) was moved by the informant before the court to alter the charge from that u