Trial courts can amend charges based on evidence presented during trial proceedings.

JUDGMENT

The above original petition is filed with following prayers :

(i) Issue a direction to the court below to alter Ext.P4 charge including offence under Section 341 IPC .

(ii) To issue any other order or direction this Hon'ble Court deem fit in the nature and circumstances of the case, “[sic]

2. The petitioner is the defacto complainant in CC No. 259/2017 on the files of the Judicial First Class Magistrate Court-I, Haripad. According to the petitioner, as per the prosecution case, the offences under secs. 294(b), 506(1), 341 and 392 of the IPC are made out. But, the police in its final report included only the offences under Secs.506(1) and 294(b) . Therefore, the petitioner filed Crl.M.C. No. 8337/2018 requesting for further investigation. This Court as per Ext.P3 judgment directed the court below to frame charge taking into consideration the statement of the witnesses. The present grievance of the petitioner is that, while framing charge, Sec.341 is not included. Ext.P4 is the court charge. Therefore, this original petition is filed stating that Sec. 341 is not added in the Court Charge framed by the Court on 05.07.2019.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The only grievance of the petitioner is that Sec.341 IPC is not added in the Court Charge, even though the statement recorded would prima facie made out an offence under Sec.341 . I am of the considered opinion that, for that purpose, charge need not be set aside by this Court. If at any stage, while adducing evidence, the court found that Sec.341 is made out, the court can add the charge as per the provisions of the Cr.P.C. and BNSS. Now, this original petition is pending before this Court from 2019 onwards saying that Sec.341 is not added while framing the charge. The case is stayed and the stay is in force even now. I am of the considered opinion that the trial court can proceed with the case and if at any stage, while adducing evidence, Sec. 341 is made out, the court can modify the charge or add Sec.341 . The petitioner is free to adduce evidence before the trial court to that effect.

With the above observation, this writ petition is disposed of.