SHRI ARMAN KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C,, 1973 has been filed for invoking the inherent powers and to set aside the order dated 07.05.2016, passed by First Additional Sessions Judge Waraseoni, District-Balaghat in Cr.R. No. 62/2012.

(2.) Police Station Katangi after the enquiry on the report of Abdul Rajak, registered Crime No. 7/2006 for offences under Sections 420, 467, 468, 471, 120-B and 506 of the IPC and subsequently filed charge-sheet for these offences before JMFC, Katangi, District Balaghat on 29.07.2011. The learned trial Court framed charge for offences under Section 420 and 471 of the IPC against the petitioners Arman Khan and Liyakat Ali. However, subsequently exercising the powers under section 216 of the Cr.P.C., 1973 the learned JMFC altered the charge and framed the charge for offences under Sections 420, 467 and 468 of the IPC.

(3.) The petitioners Arman and Liyakat Ali have assailed the aforesaid order of framing charges in the Cr.R. No. 62/2012 before the First Additional Session Judge. Learned Additional Sessions Judge Waraseoni by the order impugned held that the charge-sheet filed under Sections 420, 467, 468, 471, 120-B and 506 of the IPC. However, subsequently, when it was found that the earlier order was not proper on the application of the prosecution under section 216 of the Cr.P.C., 1973 amended the charges and framed charges under Sections 420, 467 and 468 of the IPC, hence, there is no irregularity, illegality or perversity in the order dated 11.04.2012.