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RAJESH SINGH CHAUHAN
Avdhesh Alias Avdhesh Kumar – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home, Lucknow, U. P. – Respondent
JUDGMENT :
1. Heard Sri Bhup Chandra Singh, learned counsel for the petitioner and Sri Aniruddha Kumar Singh, learned Additional Government Advocate-I for the State.
2. In view of the order proposed to be passed, the notices to opposite party Nos.3 and 4 are hereby dispensed with.
3. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for quashing/ setting aside the order dated 11.01.2024 passed in S.T. No.54 of 2021 (State vs. Avdhesh) by the learned Special Judge, POCSO Act, / Additional Sessions Judge, Room No.12, Sultanpur relating to Case Crime No.136 of 2019, under Sections 363 & 366 I.P.C. and Section 16/17 of POCSO Act, Police Station-Kamrauli, District-Amethi, so far as it relates to the present petitioner, as well as the entire criminal proceedings pending against the petitioner may kindly be terminated.
4. Attention has been drawn towards Annexure No.2 of the petition which is F.I.R. registered against the petitioner bearing Case Crime No.136 of 2019, under Sections 363 & 366 I.P.C. and Section 16/17 of POCSO Act, Police Station-Kamrauli, District-Amethi and the petitioner has been granted bail in the aforesaid case crime number. Thereafter,
The court's decision was influenced by the application of Section 216 Cr.P.C. and the testimony of the prosecutrix in adding charges to the case.
The trial court has the power to alter charges at any stage before judgment based on convincing material and grounds, without prejudicing the accused.
(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 power to alter or add charges under Section 216 Cr.P.C. is exclusively reserved for the court; neither party has the right to petition for such changes.
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 Court upheld its power under Section 216 of the CrPC to add charges upon prosecution request, emphasizing the trial's necessity and the end of justice.
The court confirmed that the power to alter charges under Section 216 Cr.P.C. resides exclusively with the court, ensuring the judicial process's integrity without granting parties a demandable right....
Alteration of charge – Charge can be altered even after trial has progressed to a large extent.
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