MUNNA Vs. STATE OF U P

JUDGEMENT

(1.) K. L. Sharma, J. This is an application under Section 482, Cr. P. C. for a direction to the Special Judge (Dacoity Affected Area; at Agra to frame charges afresh and hold the trial de novo in Sessions Trial No. 449 of 1980 State v. Laxmi and others, under Sections 396, 148, 149, 436, 324, 149, 323/149 IPC, P. S. Chatta, district Agra pending in the Court of Special Judge (Dacoity Affected Area), Agra.

(2.) I have heard Sri Vinod Kumar Sharma counsel for the applicant as well as learned A. G. A. and perused the material brought on record.

(3.) LEARNED counsel for the applicant further contended that if the Special Court reconsiders the charges already framed, there is a likelihood that the scheduled offence under Section 396, I. P. C. may not be found justified by the material available on the file and if that charge is not framed against the accused, then the case will have to be remitted to the Court of Sessions for trial in accordance with the general law. This contention has some force but again it lies in the discretion of the Special Court either to modify, reframe, or drop the charges during the course of the trial or to proceed with the same. The Code makes a provision in this regard also, vide Section 216 that during the course of the trial any charge can be modified, added or substituted during the course of trial and appropriate orders can be passed by the Court at that stage. Therefore, it is always open to the Trial Judge to reconsider the position of charges as may arise from the evidence received by him in the course of trial of the case. On the basis of this contention also, this Court does not think necessary to issue any direction to the Special Judge who is fully competent to deal with such a situation as and when it arises.