DIVYARAJ THAKURAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) An Application under Sec. 216 of the Code of Criminal Procedure, 1973 (in short, 'Code') was filed by the present applicant ' informant before the Trial Court to frame additional charges under Ss. 409, 471 and Sec. 120 B of the Indian Penal Code, 1860 (in short, 'IPC'). The said Application has been dismissed vide impugned order dtd. 19/4/2022, passed by learned Chief Judicial Magistrate, Dehradun in Criminal Case No.1213 of 2015 on the ground that the said application is not maintainable because the informant has no right to file an application under Sec. 216 of the Code.

(2.) In the said Criminal Case No.1213 of 2015, charges have been framed against the accused persons under Ss. 420, 467 and Sec. 468 IPC. Prosecution evidence has been concluded. Statements of the accused persons have been recorded under Sec. 313 of the Code.

(3.) Heard Mr. Chetan Joshi, learned counsel for the applicant, Mr. M.K. Chand, learned AGA for the State and Mr. Aditya Singh, learned counsel for the respondent nos.2 and 3.