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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUVVADI SRIDEVI
Keesara Laxmi, Lakshmi – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. overview and purpose of the petition. (Para 1) |
| 2. final order and outcome of the petition. (Para 10) |
ORDER
JUVVADI SRIDEVI, J.
This Criminal Petition is filed by the petitioners-accused Nos.2, 4 to 8 seeking to quash the impugned Order dated 15.02.2022 in Criminal Revision Petition No.177 of 2018 passed by the learned Metropolitan Sessions Judge, Hyderabad (for short ‘the learned Sessions Judge’), confirming the Orders dated 28.03.2018 in Criminal Miscellaneous Petition No.384 of 2018 in C.C.No.216 of 2011 passed by the learned XIII Additional Chief Metropolitan Magistrate, Mahila Court, Hyderabad (for short ‘the learned trial Court’) wherein the application filed by the prosecution under Section 216 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) was allowed adding the offence under Section 307 of the INDIAN PENAL CODE (for short ‘IPC’).
02. Heard Sri Srinivas Dammalapati, learned Senior Counsel representing Sri Aruva Raghuram Mahadev, learned counsel for the petitioners and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State-respondent.
Perused the record.
03. Learned Senior Counsel appearing for the petitioners submitted that both the Courts ha
The right to alter charges under Section 216 of the Cr.P.C. is exclusively reserved to the Court and cannot be initiated by the parties involved, ensuring the integrity and expediency of criminal pro....
Alteration/addition of charge – Power to alter or add a charge is exclusively with Court and no party is required to file petition praying Court to invoke powers under Section 216 of Cr.P.C.
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 ....
The court clarified that under Section 216 of Cr.P.C., only the court has the exclusive power to alter charges, and no party can seek such alteration, ensuring the integrity of the trial process.
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.
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....
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 ....
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