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HARINATH N.
Sriram Chandra Sekhar @ Chintu – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
The Criminal Petition is filed challenging the order passed in Crl.MP.No.308 of 2025 in SC.No.110 of 2016 on the file of VI Additional District and Sessions Judge – Cum – Special Judge for Trial of Offences against Women at Chittoor.
2. The petitioner is arraigned as Accused No.1 in SC.No.110 of 2016 and is aggrieved by the order passed by the VI Additional District and Sessions Judge – Cum – Special Judge for Trial of Offences against Women at Chittoor on a petition filed by the prosecution under Section 216 of Code of Criminal Procedure (for short Cr.P.C.,).
3. The learned Sessions Judge has allowed the petition filed by the prosecution and reframed the following charges;
i. Charge under Section 120-B of Indian Penal Code be framed against the accused A1 to A12 for the alleged criminal conspiracy with an intention to kill the Katari Anuradha (herein after referred as Deceased No.1), Katari Mohan (herein after referred as Deceased No.2).
ii. Charge under Section 302 of Indian Penal Code be framed against the accused A1 for the alleged causing death to Deceased No.1 by A1’s use of a firearm.
iii. Charge under Section 302 r/w 149 of Indian Penal code be framed against th
Alteration/addition of charge – Power to alter or add a charge is exclusively with Court and no party is required to file petition praying Court to invoke powers under Section 216 of Cr.P.C.
The court clarified that under Section 216 of Cr.P.C., only the court has the exclusive power to alter charges, and no party can seek such alteration, ensuring the integrity of the trial process.
The right to alter charges under Section 216 of the Cr.P.C. is exclusively reserved to the Court and cannot be initiated by the parties involved, ensuring the integrity and expediency of criminal pro....
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 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 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 ....
Alteration of charge – Merely for reason that Trial Court while passing order on application filed by respondent under Section 227 of Cr.P.C had made observation that there was no sufficient material....
A court can alter charges prior to judgment if supported by sufficient evidence without causing prejudice to the accused.
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