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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Raminder Pal Singh Khurana – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
CRM-28451-2023
The present application has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking to place reply of respondent No.2, by way of affidavit, on the record.
For the reasons mentioned in the application, the same is allowed and the reply tendered by respondent No.2 is taken on record.
CRM-M-8380-2023
1. This present petition has been preferred under Section 482 Cr.P.C. seeking quashing of order dated 16.01.2023 (Annexure P-8) passed by the learned Additional Chief Judicial Magistrate, Ludhiana whereby the application under Section 216 Cr.P.C. was allowed in the case stemming from complaint bearing no. COMI/00248/2015 dated 29.01.2014 filed under Sections 420, 465, 467, 468, 471, 120-B IPC.
2. Briefly, the facts are that respondent No.2 had previously filed FIR No.132 dated 10.06.2011 registered under Sections 420, 465, 467, 468, 471, 120-B IPC at Police Station Division No.5 Ludhiana City alleging that the petitioner and his brother had forged his signatures and transferred his 7900 shares to some other persons. However, a cancellation report was presented when the FSL report concluded that the
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....
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 ....
The main legal point established in the judgment is that the power to alter or add charges under Section 216 of the Cr.P.C. lies exclusively with the court and cannot be exercised at the instance of ....
(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....
The trial court has the power to alter charges at any stage before judgment based on convincing material and grounds, without prejudicing the accused.
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.
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 add or alter charges under Section 216(1) of the Code of Criminal Procedure can be exercised in appropriate cases in the interest of justice. There must be sufficient materials on record....
Alteration of charge – Merely for reason that Trial Court while passing order on application filed by respondent under Section 227 of Cr.P.C had made observation that there was no sufficient material....
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