ORDER :

Heard counsel for the parties.

2. Leave granted.

3. This appeal is directed against the order of the High Court dated 15.2.2013 passed in Criminal Revision Case No.1560 of 2012 filed under Sections 397 and 401 of the Cr.P.C.

4. Brief facts, which are required to be stated, are: that the Sessions Judge, Mahila Court, Chennai was dealing with the case in S.C. No.130 of 2011 for an offence under Section 376 I.P.C., as against respondent no.1 herein. In the course of the trial, at the instance of the appellant, an application was filed inv oking Section 216 of the Cr.P.C. wherein a prayer was made to add an additional charge for offence under Section 417 I.P.C. along with charge under Section 376 I.P.C. and to treat the additional charge as one of the original charge as provided under Section 216(3) of the Cr.P.C.

5. The Trial Court by its order dated 10.12.2012 having declined to countenance the prayer of the appellant, a revision came to be filed under Section 397 Cr.P.C. before the High Court, wherein the impugned order came to be passed. The learned Judge took the view, in so far as the claim of the appellant, for framing an additional charge under Section 216 Cr.P.C. to the eff