AMRINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through instant petition under Sec. 482 of Criminal Procedure Code, the petitioner is seeking setting aside of order dtd. 7/3/2020 (Annexure P-5) whereby the application of the prosecution for amendment of charge has been allowed.

(2.) The brief facts which are material and necessary for adjudication of present dispute are that on the complaint of Dalbir Singh, an FIR No.302 dtd. 10/9/2011 came to be registered against petitioner and his sister. The FIR was registered under Sec. 420, 467, 468, 471 of IPC. The police after completing investigation filed its final report under Sec. 173 Cr.P.C. The matter came up for consideration before Chief Judicial Magistrate, Amritsar who vide order dtd. 17/12/2013 (Annexure P-2) framed charges. For the ready reference, charge sheet is reproduced as below:

(3.) The prosecution during the course of trial, led its evidence. The prosecution examined 11 witnesses and after completion of prosecution evidence, statement of petitioner under Sec. 313 was recorded on 25/9/2019. The present petitioner examined one witness as DW-1 on 18/12/2019. The matter was fixed for final arguments on 27/2/2020 and at this stage, the prosecution moved an application dtd. 27/2/2020 seeking amendment of charge sheet on the ground that charge sheet is not in consonance with the FIR. The present petitioner filed its reply contesting the application seeking amendment of charge sheet.