VIJAY KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the present petition u/Sec. 482 Cr.P.C . inherent powers of this court are invoked seeking quashment of the impugned order dated 14/5/2019 passed by First Additional Sessions Judge, Gwalior (M.P.) in SST 2/2013 allowing an application preferred by prosecution u/Sec. 216 Cr.P.c. thereby altering charge to Sec. 13(1) (d) & 13(2) of the Prevention of Corruptions Act,1988 (for brevity PC Act ) in place of original charge framed u/Sec. 7 of the PC Act .

(2.) Learned counsel for rival parties are heard on the question of admission and as well as final disposal.

(3.) The petitioner by relying upon the Apex court verdict in P. Kartikalakshmi Vs. Sri Ganesh (2017) 3 SCC 347 (decided on 12/8/2014) urges that power u/Sec. 216 Cr.P.C . for altering or adding to any charge already framed is exclusively available for the court to be exercised suo motu and the said power is not available to be exercised on behest of any of the rival parties in the trial. Further reliance is placed on a recent decision of Apex Court rendered on 21/1/2020 in Criminal Appeal No. 1934/19 (Dr. Nallapareddy Sridhar Reddy Vs. State of Andhra Pradesh & others) wherein earlier verdict of the Apex Court in case of P. Kartikalakshmi (supra) was referred to with approval. 3.1 In this background it is submitted that the trial court has no jurisdiction to alter charge u/Sec. 216 Cr.P.C . on the application preferred by the prosecution and thus, prayer is made for quashment of the altered charge impugned herein.