IMPORTANT POINT
Additional charges can be framed even after completion of evidence, arguments and reserving of the judgment.

JUDGMENT

Dr. DhananjayaY. Chandrachud, J

1. This appeal arises from the judgment of a Single Judge of the High Court of Andhra Pradesh dated 6 March 2019. A revision petition [Criminal Revision Case no 2712 of 2017] filed by the fourth respondent against an order of the Additional Junior Civil Judge, Sattenapalli was allowed and directions were issued for the framing of charges against the appellant under Sections 406 and 420 of the Indian Penal Code 1860 [“IPC”].

2. On 10 March 2011, a First Information Report [“FIR”] was lodged by the fourth respondent, who is the father-in-law of the appellant, alleging that the appellant and the members of his family had harassed his daughter with demands for money and transfer of land in their names. The FIR recites that the appellant and the daughter of the fourth respondent got married in 2003. Allegedly, in 2006 the appellant and his family refused to take the complainant’s daughter to the United Kingdom where her husband was staying unless her Stridhana property was transferred in their names.

3. On 30 June 2012, a charge-sheet was filed against the appellant and his parents for offences under Section 498A of the IPC along with Sections 3 and 4 of the Dowry Prohibition Act 1961 [“Dowry Prohibition Act”]. The investigating officer, upon receipt of additional information about the commission of other offences by the appellant, obtained permission from the Trial Court for further investigation. Based on the statements of various witnesses under Section 161 of the Code of Criminal Procedure 1973 [“CrPC”] with respect to the appellant raising a demand of Rs 5,00,000/- for securing a job for the complainant’s daughter as a doctor in the United Kingdom, an additional charge-sheet was filed on 12 April 2013 in respect of the alleged commission of offences under Sections 406 and 420 of the IPC. The Trial Court framed charges against the appellant only for offences mentioned in the original charge-sheet dated 30 June 2012 under Section 498A of the IPC along with Sections 3 and 4 of the Dowry Prohibition Act. The trial commenced and after the recording of evidence and conclusion of arguments, the case was reserved for judgment on 13 February 2017.

4. On 13 February 2017, an application was filed by the Public Prosecutor under Section 216 of CrPC for alteration of charge stating that even though an additional charge-sheet had been filed by the investigating officer on 12 April 2013 implicating the appellant for crimes under Sections 406 and 420, charges were not framed by the trial judge under those provisions. On 21 February 2017, the Trial Court allowed the application and charges under Sections 406 and 420 were framed against the appellant. The Trial Court observed that the court only had the opportunity of going through the original charge-sheet dated 30 June 2012 and not the additional charge-sheet dated 12 April 2013 that was kept in a separate bundle. Aggrieved by the order of the Trial Court, the appellant instituted revisional proceedings before the High Court.

5. On 1 June 2017, a Single Judge of the High Court allowed the revision petition [Criminal Revision Case no 661 of 2017] and set aside the order of the Trial Court framing additional charges on the ground of procedural irregularity but left it open to the Trial Court to frame, if at all necessary, any additional charges after providing both the sides with an opportunity of hearing and recalling witnesses.

6. The Trial Court after hearing arguments on behalf of both the sides and perusing the material available on record concluded that the ingredients for offences under Sections 406 and 420 IPC were not made out and by an order dated 11 October 2017 rejected the application for framing additional charges. The fourth respondent filed a revision petition before the High Court against the above order of the Trial Court.

7. On 6 March 2019, a Single Judge of the High Court allowed the revision petition [Criminal Revision Case no 2712 of 2017]