S. 216 CrPC | Alteration Or Addition Of Charges Must Be Based On Court's Satisfaction, Not On Party's Application: Chhattisgarh HC

Dismissing the prosecution's application for framing an additional charge against the accused, the Chhattisgarh High Court observed that it would be impermissible for the trial court to add, alter, or amend the charges under Section 216 Cr. P.C based on the application filed by any of the parties.

The bench comprising Justice Ravindra Kumar Agrawal said that only the trial court can alter, add, or amend the charges based on its satisfaction after perusing the entire material placed on record.

“No doubt that the learned trial court has ample power to alter, amend or frame a new charge any time before the pronouncement of judgment, but not on the application filed by the prosecution…it is clear that the jurisdiction of Section 216 Cr.P.C. cannot be exercised on the application made by any of the parties but on its own satisfaction.”, the court observed.

In the present case, the trial court had added a charge against the accused under Section 333 of IPC based on the application filed by the prosecution under Section 216 of CrPC. There was no independent consideration by the trial court to assess whether or not any ingredients were available to frame charges under Section 333 of IPC.

Setting aside the trial court's decision, the Court observed that the trial court erred in allowing the prosecution's application for addition of charge.

According to the court, the trial court had to consider the alteration or addition of charge in accordance with the law if it is so satisfied, and not based on the prosecution's application.

Appearance:

For Petitioners : Smt. Smita Jha, Advocate.

For Respondent : Shri Ajit Singh, Govt. Advocate.

Case Title: Chandrashekhar Namdev & Ors. vs. State of Chhattisgarh, CRMP No. 2449 of 2024

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