SHIVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 (1) read with Sec. 401 of the Criminal Procedure Code, (for short, 'the Cr.P.C') is filed by the accused No.1 with a prayer to set aside the order dtd. 11/7/2022 passed by the Court of I Additional District and Session Judge, Belagavi, in Spl.Case.No.77/2014, wherein the application filed by the prosecution under Sec. 216 of the Cr.P.C. was allowed.

(2.) Heard the learned counsel for the parties.

(3.) Petitioner herein was charge sheeted along with accused No.2 for the offences punishable under Ss. 304A and 201 read with Sec. 34 of the Indian Penal Code (for short, 'the IPC') and Sec. 135(1)A Karnataka Electricity Act (for short,' the K.E.Act'). The trial Court after taking cognizance of the charge sheeted offences had issued summons to the accused. Since accused claimed to be tried, the case was posted for recording the evidence on behalf of the prosecution. At the fag end of the trial, prosecution had filed an application under Sec. 216 of the Cr.P.C with a prayer to alter the charge for the offence punishable under Sec. 304 Part II instead of offence punishable under Sec. 304A. The said application was opposed by the accused. The trial Court vide impugned order had allowed the said application. Being aggrieved by the same, accused No.1 is before this Court.