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MANOJ BAJAJ
Ranjeet – Appellant
Versus
State of UP – Respondent
JUDGMENT
Manoj Bajaj, J.—Applicants-Accused have filed this application under Section 482 Code of Criminal Procedure to challenge the order dated 05.12.2023 passed by Special Judge (POCSO Act)/Additional Sessions Judge, court no.8, Ballia in S.S.T. No.391 of 2018, titled State Vs. Arun @ Arun Kumar and others, arising out of case crime no.130 of 2018, under Sections 363, 366, 376, 504, 506 IPC and Section 3/4 of POCSO Act, Police Station Gadwar, District Ballia, whereby the application dated 13.09.2021 filed by the prosecution seeking alteration of charge has been allowed.
2. Learned counsel submits that the subject case was registered on the basis of the complaint given by Govind Kumar, wherein it was reported that his daughter has been enticed away by the accused persons, namely, Arun Kumar, Ranjeet, Krishna, Shanker, Ravishanker etc. He submits that after registration of the case, the investigation was carried out and the final report was filed on 13.10.2018, thereby sending the accused- Arun Kumar to face trial for the alleged commission of offence punishable under Sections 376 IPC etc., whereas the rest of the accused persons (applicants) were forwarded to face trial only for
(1) Alteration of charge – At the stage of exercising jurisdiction under Section 216 Cr.P.C., trial court must satisfy : itself that there exists convincing material and grounds to alter existing cha....
The trial court has the power to alter charges at any stage before judgment based on convincing material and grounds, without prejudicing the accused.
The court clarified that the power to alter or add charges under Section 216 Cr.P.C. is solely within the discretion of the court, ensuring that the rights of the accused are protected and the trial ....
The power to alter or add any charge is exclusive to the Court and there is no right in any party to seek for such addition or alteration by filing any application as a matter of right.
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 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 ....
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....
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