ASHIK ALI Vs. STATE OF H.P.

JUDGEMENT

(1.) The present criminal revision petition has been filed by the petitioner under Sec. 397, read with Sec. 401 of the Code of Criminal Procedure for setting aside order dtd. 30/5/2023, passed by the Court of learned Judicial Magistrate First Class, Kandaghat, District Solan, H.P. in Case No. 10/2 of 2019.

(2.) Brief facts of the case are that FIR No. 70/18, dtd. 5/9/2018 was registered against the petitioner at Police Station Kandaghat, District Solan, H.P., under Ss. 279 and 337 of the Indian Penal Code and Sec. 187 of the Motor Vehicles Act. Thereafter, the charge sheet was filed against the petitioner and he was put to trial. After leading the evidence by the prosecution, the matter was fixed for arguments on 30/5/2023. At the time of the arguments, it was noticed that in the charge sheet, the registration number of the vehicle involved in the accident was wrongly written as HP-01M- 0243 instead of HP-01N-0243 and after taking cognizance of the fact, the learned trial Court exercised its powers under Sec. 216 of Cr. PC and altered the charge by taking resort to Sec. 216 of Cr. PC. However, the prayer of the learned counsel for the accused to re-examine the prosecution witnesses was disallowed by the Court.

(3.) I have heard the learned counsel for the petitioner, learned Additional Advocate General for the respondent-State and also gone through the material available on record.