LALLAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code '). It is directed against the order dated 12.7.2002 passed by the learned 2nd Additional Sessions Judge, Motihari in criminal revision No. 8/14 of 2002/2002 whereby the revision application directed against the order dated 9.12.2001 passed by Shri O.P. Srivastava, Judicial Magistrate 1st Class, Sikrahana at Motihari in Tr. No. 1009 of 2001 was allowed in part but the order of the learned Judicial Magistrate refusing to amend and add the charge under Section 395 of the Indian Penal Code was affirmed by the revisional Court.

(2.) BOTH the parties were heard on this petition on 13.9.2002. The learned A.P.P. on behalf of the State had also made his submissions alongwith the submissions for the learned counsel for the petitioners. In view of the detailed hearing of this petition both the parties had agreed that if possible this application may be disposed of at this stage itself. In view of the aforesaid this application is being disposed of at this stage.

(3.) THE police after completing the investigation submitted the charge -sheet under Sections 452 and 323/34 of the Indian Penal Code. After the submission of the charge -sheet the cognizance of the offence was taken and the charges were framed under Sections 452 and 323, IPC against the present petitioners by the learned Magistrate to which they pleaded not guilty. The trial was taken up in course of which some witnesses were also examined. On 4.9.2001 a petition was filed on behalf of the informant under the provision of Section 216 of the Code for altering the charge framed in the case into one under Section 395 of the Indian Penal Code but the same was rejected by the learned Magistrate by his order dated 9.10.2001 as contained in Annexure 2. Against this order criminal revision No. 8/14 of 2002/2002 was filed which was heard and disposed of on 12.7.2002 by the learned Additional Sessions Judge who concluded that the charge against the present petitioners be amended or altered into one under Section 380 of the Indian Penal Code since there was no material to frame the charge under Section 395 of the Indian Penal Code.