Anant Prakash Sinha @ Anant Sinha Vs. State of Haryana & Anr.
The Code of Criminal Procedure, 1973 - Section 216
Alteration of Charge - Addition of charge - Maintainability of application filed by the informant - An application was filed by the informant to add a charge under Section 406 IPC as there were allegations against the husband about the criminal breach of trust as far as her stridhan is concerned - It was, in a way, bringing to the notice of the learned Magistrate about the defect in framing of the charge - The court could have done it suo motu - In such a situation do not find any fault on the part of learned Magistrate in entertaining the said application.
Alteration of Charge - Court can change or alter the charge if there is defect or something is left out - The test is, it must be founded on the material available on record - It can be on the basis of the complaint or the FIR or accompanying documents or the material brought on record during the course of trial - It can also be done at any time before pronouncement of judgment - If the court has not framed a charge despite the material on record, it has the jurisdiction to add a charge - Similarly, it has the authority to alter the charge - The principle that has to be kept in mind is that the charge so framed by the Magistrate is in accord with the materials produced before him or if subsequent evidence comes on record - It is not to be understood that unless evidence has been let in, charges already framed cannot be altered, for that is not the purport of Section 216 CrPC.
Topic(s)-Criminal Procedure - Alteration of Charge - Law clarified - Application Allowed