Case Note & Summary
The case involves a criminal revision petition filed by the petitioners (accused) against an order dated 11.06.2015 passed by the Additional Civil Judge and JMFC, Haveri, in C.C. No.388/2008, allowing an application under Section 216 Cr.P.C. for alteration of charges. The FIR was registered in Crime No.39/2008 on a complaint by Basavaraj alleging offences under Sections 323, 504, 506 read with Section 34 IPC. After investigation, charge-sheet was filed for offences under Sections 114, 323, 504, 506 read with Section 34 IPC. Charges were framed, and the accused denied them and claimed trial. During the trial, the prosecution examined witnesses including the Investigation Officer. On 18.11.2013, the Assistant Public Prosecutor filed an application under Section 216 Cr.P.C. seeking alteration of charges and framing of additional charges for offences under Sections 451 and 355 read with Section 34 IPC. The accused filed objections on 04.01.2015. The Magistrate allowed the application on 11.06.2015, leading to the revision petition. The petitioners contended that the application was filed after the trial had commenced and witnesses had been examined, and that allowing it would cause prejudice. The respondent argued that the Magistrate had discretion under Section 216 Cr.P.C. The High Court held that the power under Section 216 Cr.P.C. must be exercised judiciously and not after the trial has substantially progressed. Since the application was filed after examination of witnesses, it was not maintainable. The court set aside the Magistrate's order and allowed the revision petition.
Headnote
A) Criminal Procedure Code - Alteration of Charges - Section 216 Cr.P.C. - Timing of Application - The court held that an application for alteration of charges under Section 216 Cr.P.C. cannot be allowed after the trial has commenced and witnesses have been examined, as it would cause prejudice to the accused. The power under Section 216 must be exercised before the trial begins or at a stage where no prejudice is caused. (Paras 4-6) B) Criminal Procedure Code - Revision - Section 397(1) r/w 401 Cr.P.C. - Scope - The revisional court can interfere with an order allowing alteration of charges if the order is illegal or improper. The High Court set aside the Magistrate's order as it was passed after the trial had substantially progressed. (Paras 4-6)
Issue of Consideration
Whether an application under Section 216 Cr.P.C. for alteration of charges can be allowed after the trial has commenced and witnesses have been examined, and whether the Magistrate's order allowing such application was sustainable in law.
Final Decision
The High Court allowed the revision petition and set aside the order dated 11.06.2015 passed by the Additional Civil Judge and JMFC, Haveri, in C.C. No.388/2008, allowing the application under Section 216 Cr.P.C.
Law Points
- Section 216 Cr.P.C. allows alteration of charges at any time before judgment
- but such power must be exercised judiciously and not after the trial has substantially progressed
- alteration of charges after examination of witnesses is impermissible as it would cause prejudice to the accused.
