Court No. - 67

Case :- APPLICATION U/S 482 No. - 2235 of 2023

Applicant :- Ram Prasad Yadav And Another

Opposite Party :- State Of U.P. . And Another

Counsel for Applicant :- Manik Chandra Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard Sri Manik Chandra Yadav, learned counsel for the

applicants, learned A.G.A. and perused the record.

The present 482 Cr.P.C. application has been filed with a prayer to

quash the impugned order dated 20.10.2022 passed by the

Additional Chief Judicial Magistrate, Court No. 10, Azamgarh in

Criminal Case No. 3262 of 2018 (State Vs. Ram Prasad and

Another) whereby framing of charges under sections 323, 325,

504, 506 IPC, arising out of Case Crime No. 97 of 2012, P.S.

Kandhrapur, District Azamgarh is under judicial scrutiny.

The basic argument of the counsel is that the prosecution is

nothing but it is in the retaliation to the earlier proceedings in

which the opposite party no. 2-Kedar Yadav was made as accused

by the present applicants. The opposite party no. 2 is facing the

prosecution case in Criminal Case No. 3530 of 2015 (Lal Dev

Yadav Vs. Shyamkant and others) under Section 147, 323, 325,

452, 504, 506 IPC, P.S. Kandhrapur, District Azamgarh.

The aforesaid proceeding has stayed in Criminal Application 482

No. 11998 of 2020 vide order dated 31.07.2020 and thus, it is

prayed that since it is a counterblast case. From the prayer it is

clear that the applicants are assailing the legality and validity of

the order dated 20.10.2022 i.e. framing of the charge by the

Additional Chief Judicial Magistrate, Court No. 10, Azamgarh

whereby, the charges against the Ram Prasad Yadav and Ram

Niwas Yadav were framed under Sections 323, 325, 504, 506 IPC.

Since the framing of the charge is under the judicial scrutiny, there

could not be any good reason to entertain the present 482

application for amending or altering the charge of the suitable

application under Section 216 Cr.P.C. could be filed by the

applicants before the court concerned, the same shall be decided

by the competent Magistrate, therefore, I do not find any good

reason to instal the proceedings of the case which has reached at

the stage of the framing of charge and therefore, the arguments

advanced by the learned counsel for the applicants not only flimsy

but untenable in the eyes of law.

With this observation, the present 482 application stands disposed

of.

Order Date :- 13.2.2023

Vikram

Digitally signed by :-

VIKRAM SINGH

High Court of Judicature at Allahabad