ORDER :

This criminal revision petition under Section 397 (1) read with Section 401 of the Criminal Procedure Code, (for short, ‘the Cr.P.C’) is filed by the accused No.1 with a prayer to set aside the order dated 11.07.2022 passed by the Court of I Additional District and Session Judge, Belagavi, in Spl.Case.No.77/2014, wherein the application filed by the prosecution under Section 216 of the Cr.P.C. was allowed.

2. Heard the learned counsel for the parties.

3. Petitioner herein was charge sheeted along with accused No.2 for the offences punishable under Sections 304A and 201 read with Section 34 of the Indian Penal Code (for short, ‘the IPC’) and Section 135(1)A Karnataka Electricity Act (for short,’ the K.E.Act’). The trial Court after taking cognizance of the charge sheeted offences had issued summons to the accused. Since accused claimed to be tried, the case was posted for recording the evidence on behalf of the prosecution. At the fag end of the trial, prosecution had filed an application under Section 216 of the Cr.P.C with a prayer to alter the charge for the offence punishable under Section 304 Part II instead of offence punishable under Section 304A. The said application wa