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Ramavtar vs State Of Rajasthan And Anr on 15 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 6059 / 2017
Ramavtar S/o Umrav B/c Brahmin, R/o Sarund, Tehsil Kotputli,
District Jaipur, Raj.
—-Petitioner
Versus
1. State of Rajasthan Through PP.

2. Manoharlal S/o Gullaram B/c Mali, R/o Narehada, Tehsil
Kotputli, District Jaipur, Raj.
—-Respondents

__
For Petitioner(s) : Mr. Amit Singh Shekhawat
For Respondent(s) : Mr. N.S. Dhakar, PP for State
__
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
15/12/2017

Present petition has been filed by the complainant. He is

aggrieved against the order dated 27.5.2017 passed by the

Additional Chief Judicial Magistrate, Kotputali, District Jaipur

whereby the court refused to entertain the application under

Section 216 Cr.P.C. and declined to frame charge under Section

406 IPC against the accused-respondent No.2. A further grievance

has been made that the revisional court below further erred not to

correct the order passed by the trial court.

After hearing learned counsel for the petitioner, this court is

of the view that the trial court can, at any stage, alter the charge.

Therefore, liberty is granted to the petitioner to urge and file

application before the trial court as and when evidence regarding

commission of offence under Section 406 IPC emerge in the
(2 of 2)
[CRLMP-6059/2017]

testimony of witnesses. Upon filing of fresh application, after

material to frame charge under Section 406 IPC is available on

record, application for amendment of the charge and formulation

of additional charge under Section 406 IPC shall be considered by

the trial Judge by passing a separate order.

In view of above, the present petition stands disposed of

with liberty, as aforesaid.

(KANWALJIT SINGH AHLUWALIA)J.

Govind/

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