The court emphasized the need for evidence in support of altering or adding charges and highlighted the importance of justifying such actions based on the circumstances of the case.

ORDER

1. This matter is taken up by video conferencing mode.

2. Heard Mr. Manas Mohapatra, learned Senior Advocate appearing for the appellant Dhirendra Kumar Khandelwal and Mr. J.P. Patra, learned Special Counsel appearing for the State of Odisha (E.O.W.).

3. In this criminal appeal filed under section 13 of the Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011 (hereafter 'O.P.I.D. Act'), the appellant has challenged the orders dated 14.12.2020 and 08.03.2021 passed in C.T. Case No.15 of 2015 by the learned Presiding Officer, Designated Court under the O.P.I.D. Act, Cuttack.

4. Mr. Manas Mohapatra, learned Senior Advocate appearing for the appellant submitted that on 06.04.2016, the first charge was framed against the appellant for commission of offences under sections 420/467/468/471/406/120-B of the Indian Penal Code and section 6 of the O.P.I.D. Act. The said framing of charges was challenged by the appellant before this Court in CRLA No.549 of 2016 and this Court vide order dated 30.01.2019 has been pleased to set aside the charges framed against the appellant and directed the learned trial Court to hear the appellant on the question of charge afresh including the other accused persons against whom charge has also been framed jointly, if the Court so desires.

5. The learned Senior Advocate further submitted that on the basis of the order passed by this Court in CRLA No.549 of 2016, the learned trial Court on 21.11.2019 after hearing both the sides, framed charge against the appellant only under section 120- B of the Indian Penal Code. The appellant has challenged the said order of framing of charge before this Court in CRLA No.519 of 2019 which is subjudiced. On 05.12.2019, the learned Special Public Prosecutor filed a petition under section 216 of Cr.P.C. before the learned trial Court to alter the charge framed under section 120-B of the Indian Penal Code on 21.11.2019 and to frame charges for the offences under sections 467/468/471/420/405/ 120-B of the Indian Penal Code read with sections 4/5/6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and section 6 of the O.P.I.D. Act. The appellant filed his objection to the said petition under section 216 of Cr.P.C. The learned trial Court vide order dated 14.12.2020 has been pleased to frame charges against the appellant under sections 467/468/471/420/406/120-B of the Indian Penal Code read with section 6 of the O.P.I.D. Act, which is the subject matter of challenge in the present appeal.

6. It is contended by the learned counsel for the appellant that when charge was framed against the appellant on 21.11.2019 only under section 120-B of the Indian Penal Code, the said framing of charge has not been challenged by the State before this Court which shows that the State was not aggrieved. When this Court is in seisin over the matter and the framing of charge as per order dated 21.11.2019 at the instance of the appellant was under challenge, it was not proper on the part of the learned trial Court to entertain a petition under section 216 of Cr.P.C. filed by the State and also to alter the charges and frame charges under higher offences. It is argued that there was no change in the circumstances in between the framing of the charge under section 120-B of the Indian Penal Code on 21.11.2019 and when additional charges were framed on 14.12.2020. The learned counsel for the petitioner made a specific submission that some witnesses were examined during trial after the first charge was framed and prior to the framing of charge under section 120-B of the Indian Penal Code on 21.11.2019 but thereafter, till the charge was altered on 14.12.2020, no further witnesses have been examined.

7. Learned counsel for the State was asked to obtain instruction as per order dated 15.04.2021 as to whether any prosecution witnesses were examined in between 21.11.2019 and 14.12.2020 or not.

8. Those dates are very much relevant as on 21.11.2019, the char