1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.399 of 2011 (Devanand s/o Pundalik Lade ..vs.. State of Maharashtra, through Department of Home Affairs, Mantralaya, Mumbai and others =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. S.W. Sambre, Advocate for the petitioner, Mr. N.S. Khubalkar, Addl. P.P. for the respondents. C ORAM : P.V. HARDAS AND S.B.DESHMUKH, JJ. DATED : 25TH AUGUST, 2011. The principal grievance of the petitioner in this petition is that an offence punishable under Section 302 of the Indian Penal Code has not been added to the offences, which have already been registered against the accused. The offence came to be registered against the accused on the basis of complaint made by the petitioner, who is the brother of deceased Aruna, complaining therein that Aruna had committed suicide on account of the harassment and ill-treatment, which was given to her by her in-laws and husband. The petitioner now contends that Aruna had been killed by the accused. The respondents herein filed an affidavit-in-reply and it is urged on behalf of the respondents that after investigation they had not noticed any iota of evidence, which would indicate that an offence punishable under 2 Section 302 of the Indian Penal Code has been made out. The respondents have, therefore, registered an offence punishable under Sections 306 and 498-A of the Indian Penal Code. In any event, the grievance of the petitioner can be addressed to the learned trial Court at the time of framing of the charge and on behalf of the prosecution, it would be urged before the trial Court that upon perusal of the material produced along with charge-sheet, an offence punishable under Section 302 of the Indian Penal Code has been disclosed. In such circumstances, the Court is not rendered powerless from framing a charge under Section 302 of the Indian Penal Code though the offence may have been registered under Sections 306 and 498-A of the Indian Penal Code, if the material so discloses the commission of an offence punishable under Section 302 of the Indian Penal Code. We, therefore, see no merit in the present petition and relegate to avail the remedy, which is stated hereinabove and, therefore, dismiss the petition with no order as to costs. JUDGE JUDGE. pma