SURINDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereafter referred to as 'the Code') has been preferred by the petitioner against the order dated 10-4-2002 passed by the learned Sessions Judge, Sirmaur at Nahan whereby he has dismissed revision petition preferred by the petitioner and respondent No. 2 against the order dated 1-10-2001 passed by the learned trial Magistrate whereby an offence under Section 409, IPC has been added to the charge framed against them.

(2.) Brief facts leading to the presentation of this petition are that on submission of a charge-sheet against the petitioner and respondent No. 2 under Sections 409, 420, 467, 468, 471 and 120-B, IPC, the learned trial Magistrate framed charges against them for the commission of offences punishable under Sections 420, 467, 468, 472 read with Section 120-B, IPC. When the trial was at the final stage and the case was fixed for final hearing, the prosecution moved an application under Section 216 of the Code for addition of a charge under Section 409, IPC. The application was contested by the petitioner and respondent No. 2 but was allowed by the learned trial Magistrate vide his order dated 1-10-2001. Being aggrieved, the petitioner and respondent No. 2 preferred Criminal Revision No. 28-Crr/10 of 2001 in the Court of the learned Sessions Judge who dismissed the same by the impugned order. Being aggrieved, the petitioner has preferred the present petition.

(3.) I have heard the learned counsel for the petitioner and the learned Deputy Advocate General for the respondent/State and have also gone through the records.