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2024 Supreme(All) 572

SURENDRA SINGH I
Mewati Devi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Satyendra Narayan Singh,Atmaram Nadiwal,Dinesh Kumar Yadav, Ravindra Prakash Srivastava, Shesh Narain Mishra
For the Opposite Party : G.A.

JUDGMENT :

Surendra Singh-I, J.

1. The present criminal revision has been filed under Section 397/401 Cr.P.C., the revisionists have assailed the impugned order dated 3.9.2019 passed by the Ist Additional Sessions Judge Basti in Sessions Trial No. 35 of 2015 (State Vs. Ram Suresh and others) arising out of Case Crime No. 627 of 2014 under Section 498-A, 304-B and Section 3/4 of D.P.Act P.S. Paikoliya, District- Basti. By the impugned order, the trial court has rejected the application under Section 227 Cr.P.C. of the revisionists Smt. Mewati Devi and Ram Suresh and has directed to frame charge under Section 498-A and 302 IPC against them.

2. It has been submitted by learned counsel for the revisionist that the Investigating Officer had found that the occurrence has taken place after more than seven years of marriage and therefore charge-sheet has been submitted under Section 306 IPC against them. The learned trial court vide order dated 20.5.2019 instead of Section 306 IPC altered the charge under Sections 498-A, 304-B and Section 3/4 of D.P. Act, subsequently, revisionist filed a discharge application under Section 227 Cr.P.C. in compliance of the order dated 27.6.2019 passed by the

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