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M. NAGAPRASANNA
Vikram Ballari S/O Uday Kumar Ballari – Appellant
Versus
Central Bureau Of Investigation Anti Corruption Branch, Represented By Special Public Prosecutor – Respondent
ORDER :
M.NAGAPRASANNA, J.
The petitioners are before this Court calling in question an order dated 28-06-2024 passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru in Special C.C.No.565 of 2021 directing re-trial to be conducted as obtaining in Section 216 (4) of the Cr.P.C. and the procedure prescribed under Sections 230 and 231 thereof to be followed for conduct of such trial. Petitioners in Criminal Petition No.7467 of 2024 are accused Nos. 2 to 6 and petitioner in Writ Petition No.18539 of 2024 is accused No.1 in Special C.C.No.565 of 2021.
2. Shorn of unnecessary details, facts in brief, germane, are as follows:-
The history of the case dates back to 15-06-2016 on which day a complaint comes to be registered by one Smt. Mallavva Goudar alleging offence punishable under Section 302 of the IPC on the murder of her husband Yogesh Goudar, who was a member of Zilla Panchayat, Dharwad, against unknown persons. The complaint was registered before the Sub-Urban Police Station, Dharwad. The Police conduct investigation and file a charge sheet against 6 persons on 09-09-2016. The concerned Court took cognizance of the offence against those 6 accused for offences punishabl
The court has exclusive authority under Section 216(4) to order a re-trial or alteration of charges, ensuring fairness to both parties and allowing all evidence to remain on record for consideration.
The power to alter the charge under Section 216 Cr.P.C. is exclusive to the Court and can be exercised at any time before the judgment is pronounced. The alteration must be founded on material availa....
The High Court's revisional jurisdiction limits intervention in Trial Court decisions unless there is a clear error or injustice, especially regarding the framing of charges under the Criminal Proced....
The trial Court can alter charges under Section 216 CrPC, and such alteration does not equate to deletion, allowing the trial to proceed under the new charge.
The court confirmed that the power to alter charges under Section 216 Cr.P.C. resides exclusively with the court, ensuring the judicial process's integrity without granting parties a demandable right....
Provisions of Section 303 of the Cr.P.C. gives right to any person accused of an offence before a criminal Court to be defended by a pleader of his choice. The provisions of Section 304 of the Code o....
The wide power of the court under Section 216 Cr.P.C. to alter charges at any stage before judgment and the duty of the public prosecutor to apprise the court of any defect in framing charges.
The main legal point established in the judgment is that the power to alter or add charges under Section 216 of the Cr.P.C. lies exclusively with the court and cannot be exercised at the instance of ....
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