STATE OF GUJARAT Vs. GIRISH RADHAKRISHNAN VARDE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave which was heard at the admission stage itself, is directed against the judgment and order dated 8.4.2011 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application No.2477/2010 whereby the learned single Judge was pleased to dismiss the application filed by the appellant-State of Gujarat and thus upheld the order passed by the learned Addl. District & Sessions Judge, Deesa who had set aside the order of the Chief Judicial Magistrate by which he had permitted the complainant to add Sections 364, 394 and 398 of the Indian Penal Code ('IPC' for short) into the chargesheet which was submitted after police investigation.

(3.) The principal question which arises for determination in the instant appeal is whether the learned magistrate by virtue of the powers conferred upon him under Chapter XV of the Code of Criminal Procedure 1973 (for short 'Cr.P.C.') under the Heading of "Complaints to Magistrate" can be permitted to allow the complainant/ informant to add additional sections of the IPC into the chargesheet after the same was submitted by the police on completion of investigation of the police case based on a first information report registered under Section 154 Cr.P.C.