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Head Note

The Code of Criminal Procedure, 1973  - Section 216 , Section 482

Inherent Power - Alteration of Charge - Contention advanced at the hands of the learned Counsel for the appellant was based on the fact, that no cognizance was taken by the Judicial Magistrate, First Class, against the appellant under Section 323 of the IPC, and as such, it was not permissible for the High Court to have initiated proceedings against the appellant, under Section 323 of the IPC, whilst accepting the contention of the appellant to set aside the proceedings initiated by the Judicial Magistrate under Sections 341 and 506 of the IPC read with Section 34 thereof repelled - Held that Section 216 Cr.P.C. postulates that it is open to "any court" to alter or add to any charge, at any time before the judgment is pronounced.

The Code of Criminal Procedure, 1973  - Section 468

Cognizance of Offence - Limitation - Complaint was filed by the respondent on 24-01-2008, with reference to an incident of 15.01.2024 - Cognizance thereof was taken on 06-02-2024 - Plea that cognizance taken beyond a period of one year hence is barred by limitation repelled - Held that Section 468 Cr.P.C. would not stand in the way of the respondent, in prosecuting the complaint filed by him as for the purpose of computing the period of limitation under Section 468 CrPC the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance.

Topic(s)-Inherent Power - Alteration of Charge - Charges can be altered before judgment ,