IMPORTANT POINT
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 process remains efficient.

ORDER :

Arun Monga, J.

1. Grievance of the petitioner herein is against the order dated 04.04.2024 passed by the learned Additional Sessions Judge, Dungarpur, upholding the orders dated 30.05.2022 and 01.07.2022 passed by the learned Trial Court whereby in the exercise of powers under Section 216 Cr.P.C., the charges earlier framed against the petitioner accused were altered / added, and additional charges under Section 467, 468, 471 of IPC have been framed.

2. Briefly speaking, the facts leading to the filing of the instant petition, as pleaded in the petition, are as follows:

2.1 Complainant Dileep Shah filed a complaint before the ACJM, Dungarpur under Section 156(3) Cr.P.C. against the petitioner with allegations that the petitioner runs a girls' hostel for Scheduled Tribes in Dungarpur, aided by the Social Welfare Department, under the name of Chetna Janjati Chhatrawas, and that the petitioner is the Manager / Administrative Officer of the said hostel. It is alleged that the petitioner, by creating forged documents, has shown 25 students in the hostel whereas only 9- 10 students were actually studying there and received grants from the Social Welfare Department, etc. Consequently, the offences under Sections 420, 467, 468, 471, 409 & 120B of IPC were made out against them.

2.2 The said complaint was forwarded to the Police Station Kotwali Dungarpur, District Dungarpur, resulting in the registration of FIR No.317/2023 against the petitioner for the offence under Section 420 IPC, and an investigation commenced. Upon the conclusion of the investigation, a charge sheet was filed against the petitioner for the offence under Section 420 IPC.

2.3 During the pendency of the trial, the learned Public Prosecutor submitted an application under Section 216 Cr.P.C. before the learned Trial Court, seeking to alter the charges from Section 420 IPC to Sections 420, 467, 468 and 471 IPC. The said application was allowed by the learned trial Court vide impugned order dated 30.05.2022. Resultantly, charges were framed against the petitioner for the alleged offences under Sections 420, 467, 468 and 471 IPC vide the impugned order dated 01.07.2022.

2.4 Being aggrieved by the impugned order dated 30.05.2022 and 01.07.2022, the petitioner challenged the same by filing a revision before the learned revisional Court which too was rejected by the impugned order dated 04.04.2024, whereby the learned revisional Court upheld the orders dated 30.05.2022 and 01.07.2022 passed by the learned Trial Court. Hence, the present petition.

3. In the aforesaid backdrop, I have heard the learned counsel for the petitioner and learned PP.

4. Learned counsel for the petitioner has canvassed his arguments on similar lines as grounds taken in the petition which inter alia are:

4.1 The learned courts below have not considered the relevant aspect of the case that after a thorough investigation, chargesheet against the petitioner has been filed for the offence under Section 420 IPC. The learned trial court itself has framed charges for the said offence. But now, because of an application filed by the prosecutor, the charges against the petitioner have been altered and she has been charged for additional offences under Sections 467, 468 and 471 IPC which are prima facie not made out against the petitioner from the investigation.

4.2 Learned courts below have utterly failed to appreciate the fact that the charge has been altered on the application filed by the public prosecutor, whereas, it is settled law that the power of invocation of Section 216 Cr.P.C. is exclusively confined with the Court as an enabling provision for the purpose of alteration or addition of any charge at any time before pronouncement of the judgment. No party, neither complainant nor the accused or for that matter the prosecution has any vested right to seek any addition or alteration of charge. If such a course by the parties is allowed, then it will be well-not be impossible for the Criminal Court to conclu