HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
S.B. Criminal Misccellaneous (Petition) No. 6059 / 2017
Ramavtar S/o Umrav B/c Brahmin, R/o Sarund, Tehsil Kotputli,
District Jaipur, Raj.
1. State of Rajasthan Through PP.
2. Manoharlal S/o Gullaram B/c Mali, R/o Narehada, Tehsil
Kotputli, District Jaipur, Raj.
For Petitioner(s) : Mr. Amit Singh Shekhawat
For Respondent(s) : Mr. N.S. Dhakar, PP for State
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
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)
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.