Back
RAVINDRA KUMAR AGRAWAL
Chandrashekhar Namdev – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT
The present petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, against the order dated 21-08-2024 passed by learned Ist Additional Sessions Judge, Mahasamund, in Sessions Case No. 52/2022, whereby the learned trial court has allowed the application filed by the prosecution under Section 216 of Cr.P.C. and framed the additional charge of Section 333 of the IPC.
2. Brief facts of the case are that on 19-03-2022 a quarrel took place between the petitioners and the deceased, who was a sub-inspector of police and he ultimately died. The offence under Sections 147, 149 and 302 of IPC was registered bearing Crime No.134/2022 and charge sheet was filed against the petitioners. The petitioners are accused persons in the said offence. The petitioner No. 5 is granted bail by the Hon’ble Supreme Court vide order dated 08-01-2024. The prosecution witnesses were examined, the statement of accused were recorded and after hearing the parties, the case was fixed for passing judgement on 21-08-2024.
3. On 14-08-2024, the prosecution filed an application under Section 216 of the Code of Criminal Procedure, 1973, for framing of the addi
Alteration of charge – Jurisdiction of Section 216 Cr.P.C. cannot be exercised on application made by any of parties but on its own satisfaction.
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 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 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 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....
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 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 main legal point established in the judgment is that the trial court has the comprehensive and unrestrained power to alter or add charges at any time before judgment is pronounced, as provided un....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
