STATE OF GUJARAT Vs. HARESH MANGAL

JUDGEMENT

(1.) PETITIONER - State has preferred this Criminal Revision Application u/s 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to CR. P. C.) and challenged the order passed by learned J. M. F. C. , Lunavada on 5-4-2006 below application Exh. 9 in Criminal Case No. 309 of 2004, whereby the learned Magistrate allowed the application filed by the respondent - accused u/s 216 of the Cr. P. C. to alter charge from Section 326 to Section 324 of I. P. Code.

(2.) I have heard learned A. P. P. Mr. K. C. Shah for the applicant - State and learned advocate Mr. Amit Patel for the respondent.

(3.) IT appears from impugned order that after considering materials placed before the Court, the learned Magistrate framed charge for the offence punishable u/s 326-498-A of the I. P. Code. The charge was framed on 10-8-2004 and as the respondent - accused denied having committed the offence, the matter was kept for recording of evidence.