- In N Syamasundara Naidu v. V Dakshinamoorthy and Ors, the Madras High Court set aside the order of lower Court where it was held that a Private Pleader appointed by the complainant to help the Public Prosecutor, could not conduct an independent prosecution u/s 301(2) CrPC and cannot plead on behalf of the prosecution.
- The Court observed that the Magistrate erred in interpreting section 301 CrPC and that the concerned application does not have to emanate from the Public Prosecutor himself.
- The background of this case is that the complainant was the owner of a certain land which was wrongfully occupied by the accused by forging a sale deed in his favor.
- When the complainant protested, the accused threatened to kill him and subsequently a case was filed by the former on the above allegations and charges were framed u/s 120(B), 419, 420, 423, 447, 465, 468, 471, and 506(i) of IPC.
- During the examination of witnesses, the complainant pressed additional charges u/s 34, 109, 467, and 474 of IPC.
- The Court denied these charges and held that a private pleader cannot conduct an independent prosecution on his own.
- The Ld. High Court took note of the power of alteration of charge u/s 216 of CrPC and opined that new charges can be added when there is an omission or in case the court is satisfied that the said charge should exist.
- The Court held that if the Court is satisfied about the existence of the essential ingredients forming an alleged offence, the same can be added but at the same time the Court has to ensure that it does not cause any prejudice to the defence of the accused.
- The Hon'ble Court allowed the private pleader to frame the additional charges and directed the lower Court to treat the charges as if they were framed originally.
- Accordingly, the Court allowed the appeal.
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