C. SELVAKUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioners are facing trial in S.C.No.121 of 2009 on the file of the Mahila Court, Coimbatore. The case has been reserved for judgment after recording of evidence and arguments were over. At that time, the court issued a communication on 07.03.2012 to both parties stating that for altering charges, the case is suo-motu reopened. Originally the charge was framed under Section 498 -A IPC stating that the accused persons demanded 30 sovereigns of gold jewels as dowry. The altered charge would show that they demanded 35 sovereigns of gold jewels.

(2.) LEARNED counsel for the petitioners would submit that in the charge some improvements have been made duringalteration, and by means of those, the witnesses have been recalled and cross-examined, which will prejudice the accused persons, and that the changing of weight of jewels would not amount to either altering the charge or addition of charge, and that the Court cannot suo-motu reopen the case for such an alteration to the prejudice of the accused and that erroneous order of the court below may be set aside.

(3.) SECTION 216 (1) of Cr.P.C., reads as follows:-