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JASJIT SINGH BEDI
Tarsem Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for quashing/setting of the order dated 13.06.2016 (Annexure P-5) passed by the CJM, Sri Muktsar Sahib vide which the application filed by the petitioner not to start a de novo Trial has been rejected, in a Trial arising out of FIR No.166 dated 01.07.2005 under Sections 406/420 IPC at Police Station City Muktsar.
2. The brief facts of the case are that FIR No.166 dated 01.07.2005 under Sections 406/420 IPC, Police Station City, Sri Muktsar Sahib was registered on the basis of a complaint moved by the Manager Pungrain to the S.S.P. Sri Muktsar Sahib as per which the proprietor of M/s Taj Industries, Sri Muktsar namely, Tarsem Kumar (petitioner) had misappropriated paddy amounting to Rs.31,89,147/-.
3. Pursuant to the registration of the FIR, the investigation was concluded and a report under Section 173(2) Cr.P.C. came to be presented against the petitioner. Based on the said report, charges came to be framed under Sections 420 and 406 IPC by the Chief Judicial Magistrate, Sri Muktsar vide order dated 11.05.2006.
4. The petitioner/accused preferred a revision petition against the aforem
Alteration of charges under Section 217 Cr.P.C. requires the recall and re-examination of witnesses to ensure a fair trial.
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....
Acquittal in a previous trial with a direction for re-investigation is not an acquittal in force, and the protection under Section 300 Cr.P.C. does not apply.
The court has the power to alter or add to any charge at any time before judgment is pronounced, and such alteration should be made to ensure a fair trial to the accused persons as well as to the vic....
The court affirmed that while a Prosecutor can alert the court to charge deficiencies, only the court can alter charges, ensuring no prejudice to the accused.
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