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SHEEL NAGU, DEVNARAYAN MISHRA
Arvind Pandey S/o Shri Late Shri Ramdatt – Appellant
Versus
State Of Madhya Pradesh Through Special Police Establishment, Lokayukta Organization, Bhopal, Regional Office, Jabalpur (M. P. ) – Respondent
ORDER :
Inherent powers of this Court u/S.482 of Cr.P.C. are invoked to assail the interlocutory order dated 20.09.2023 passed by Special Judge (P.C. Act), Jabalpur (M.P.) in Special Case No.02/2020 whereby application u/S.216 of Cr.P.C. for altering charges framed against petitioner/accused punishable u/Ss.7(a) and 13(1)(b) r/w Section 13(2) of Prevention of Corruption Act (for short 'P.C.Act') has been rejected.
2. As against aforesaid charges framed against the petitioner-accused, alteration was sought for dropping charges framed u/S.13(1)(b) r/w Section 13(2) of P.C. Act thereby leaving intact the charge u/S.7(a) only.
3. In support of aforesaid contention, learned counsel for petitioner has primarily relied upon a decision of Coordinate Bench of this Court rendered on 06.04.2022 in Radheshyam Gupta (R.S. Gupta) Vs. State of M.P. through Special Police Establishment (Criminal Revision No.1666/2021) vide Annexure A/5.
3.1 Learned counsel for petitioner contends that in similar factual scenario as prevailing in the instant case, the Coordinate Bench of this Court in Radheshyam Gupta (supra) had, after a comparative assessment of unamended as well as amended Section 13 of P.C. Act, qu
Criminal Conspiracy and Misappropriated public funds - Addition/Alteration of charge - Section 216 CrPC empower Court to alter or add any charge at any time before judgment is pronounced. It is now w....
The suspicion of involvement, the impact of statutory amendments, and the establishment of mens rea are crucial factors in determining the validity of charges under the Prevention of Corruption Act, ....
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.
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.
A court can alter charges prior to judgment if supported by sufficient evidence without causing prejudice to the accused.
The court emphasized the necessity of proving knowledge of bribery for conviction under the PC Act and the importance of procedural fairness in charge alterations.
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