Revisionary powers of session court
S.D. Singh
(Querist) 04 December 2015
This query is : Resolved
I paid amount to a builder for construction of flat. He even not started the construcion even after agreed period. On demand he even not returned the money. I filed FIR . Charge sheet filed u/s 409/420. Charge also framed u/s 409/420. Accused filed Revision application u/s 397 before session court that 409 is not applicable. The court during arguments stated that it seemes to be case of 406 ipc and not 409 .The court directed me to prove how the case falls u/s 409 within 3 day. What should I do. Pl advice. Can court can amend the section of charge.
Dr J C Vashista
(Expert) 06 December 2015
Prove your case on the matrix of facts and law.
Rajendra K Goyal
(Expert) 06 December 2015
Let your lawyer argue on your behalf on the basis of the merit of the case.
K.S.Srinivas
(Expert) 10 December 2015
Under section 216 (1) Criminal Procedure Code, 1973, Any Court may alter or add to any charge at any time before judgment is pronounced.
The Delhi High Court held that “This section (216) invests comprehensive power in the court to remedy the defects in the framing or non-framing of a charge, whether discovered at the initial stage of the trial or at any subsequent stage prior to judgement."
