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Ajay Kumar @ Manibabu v. State Of U.P. & Others - APPLICATION U/s 482 No. 483 of 2006  RD-AH 958 (16 January 2006)
Heard learned counsel for the applicants and the learned AGA
The grievance of the applicant is that he filed a complaint and after the statement of witnesses under Section 202 Cr.P.C. the accused were summoned only under Section 323/504/506 IPC and the magistrate did not find the offence under section 394 IPC to have been committed.
The applicant filed the revision which was also dismissed. This is not the final state. After the accused have put in appearance the evidence shall be adduced under Section 244 Cr.P.C. before framing the charge and if the magistrate finds sufficient evidence to proceed under section 394 IPC the court may do so. The summoning does not create any bar to adduce the evidence of 394 IPC nor it prevents the magistrate to frame the charge and proceed under the said section.
Consequently, the application is disposed of finally.
Dt.16.1.2006 cps crl 482-483-06
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