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2023 Supreme(Pat) 996

JITENDRA KUMAR
Kamal Kishore Gupta – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr.Siya Ram Shahi.
For the Opp. Parties : Mr. Anita Kumari, APP.

ORDER

The present petition, under Section 482 of the Cr. P.C., has been preferred by the petitioner against the impugned order dated 08.03.2016, passed by Ld. Additional District & Sessions Judge-II, Purnea in Sessions Case No. 292 of 2015, arising out of Dhandaha P.S. Case No. 203 of 2014, whereby the application, filed under Section 216 Cr.P.C. on behalf of the informant to add charge under Section 468 of the Indian Penal Code, has been allowed.

2. The relevant facts of the case is that the FIR bearing Dhamdaha P.S. Case No. 203 of 2014 was lodged against the petitioner, being driver of Bolero vehicle bearing registration no. JH 20A 7112, under Sections 279, 304A, 302, 467, 468 and 120B of the IPC. Subsequently, charge was framed under Sections 302 and 120B of the IPC. Thereafter, during trial, on application of the informant for addition of charge under Sections 468 of the IPC, Ld. Trial Court has added the charge under Sections 467 and 468 of the IPC.

3. Heard both the parties at length.

4. Ld. counsel for the Petitioner submits that alteration of charge is provided under Section 216 of the Cr. P.C. whereby it is the Court which may alter or add to any charge at any time before jud

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