ORAL ORDER

1. By way of this Revision Application under section 397 and 401 of Cr.P.C., the petitioner has challenged the order dated 08.01.2024 passed by learned Additional Sessions Judge, Savarkundla in Sessions Case No.7 of 2020 (Old Case No.66 of 2014).

2. Learned advocate for the petitioner submits that learned Sessions Judge has committed error in adding charge under section 216 of Cr.P.C. for the offence under section 302 of IPC on the application filed by the learned PP at Exh.44. He would submit that Hon'ble Apex Court in the case of P.Kartikalakshmi v/s. Sri Ganesh [ (2017) 3 SCC 347 ] categorically held that power of the Court under section 216 to alter or add any charge is independently and has to be exercised on its own and not at the instance of first informant de facto complainant or prosecution and therefore, learned Sessions Judge has committed serious error in adding charge of offence under section 302 of IPC. He also referred to judgment of this Court in the case of Sahd