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JITENDRA KUMAR
Md. Asif – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J. – The present petition under Section 482 of Cr.PC has been preferred by the Petitioner against the impugned order dated 02.03.2016, passed by Ld. Sub Divisional Judicial Magistrate, Darbhanga in T.R. No. 747 of 2016 corresponding to G.R. No. 195 of 2006, arising out of Laheriyasarai P.S. Case No. 32 of 2006, whereby the application filed on behalf the prosecution for alteration of charge has been rejected.
2. The relevant facts of the case is that Laheriyasarai P.S. Case No. 32 of 2006 was lodged under Section 143, 144, 451, 380, 384, 386 and 427 of the Indian Penal Code. Subsequently, after investigation charge sheet was submitted and cognizance was taken and thereafter charge was framed against the accused persons for the offence punishable under Sections 147, 144, 323, 427, 452, and 451 of the Indian Penal Code. Charge under Section 380 of the Indian Penal Code, however, was not framed. Subsequently, trial proceeded and five prosecution witnesses were examined. Argument on behalf of both the sides were already heard and the case was fixed for judgment on 25.06.2015 and at that stage the prosecution filed the said application for alteration of charge praying for
The power to alter or add charges under Section 216 of the Cr.P.C. is exclusive to the court and cannot be sought by any party as a matter of right.
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....
(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....
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 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....
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