Whether magistrate can entertain application filed by first informant for alteration of charge?
Being of this view, this Court upheld the order passed
by the High Court. The said decision is, in our opinion, is
distinguishable on facts. The instant case does not pertain
to trial or any area by which a private lawyer takes control
of the proceedings. As is evident, 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, we
do not find any fault on the part of learned Magistrate in
entertaining the said application.
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.131 of 2016
(@ Special Leave Petition (Criminal) No. 837 of 2016)
Anant Prakash Sinha @ Anant Sinha …Appellant
Versus
State of Haryana & Anr. …Respondents
Dated:March, 4, 2016
Citation:2016 ALL SCR(CRI)577
Dipak Misra, J.
by the High Court. The said decision is, in our opinion, is
distinguishable on facts. The instant case does not pertain
to trial or any area by which a private lawyer takes control
of the proceedings. As is evident, 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, we
do not find any fault on the part of learned Magistrate in
entertaining the said application.
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.131 of 2016
(@ Special Leave Petition (Criminal) No. 837 of 2016)
Anant Prakash Sinha @ Anant Sinha …Appellant
Versus
State of Haryana & Anr. …Respondents
Dated:March, 4, 2016
Citation:2016 ALL SCR(CRI)577
Dipak Misra, J.
