MD. ASIF Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition under Sec. 482 of Cr.PC has been preferred by the Petitioner against the impugned order dtd. 2/3/2016, passed by Ld. Sub Divisional Judicial Magistrate, Darbhanga in T.R. No. 747 of 2016 corresponding to G.R. No. 195 of 2006, arising out of Laheriyasarai P.S. Case No. 32 of 2006, whereby the application filed on behalf the prosecution for alteration of charge has been rejected.

(2.) The relevant facts of the case is that Laheriyasarai P.S. Case No. 32 of 2006 was lodged under Sec. 143, 144, 451, 380, 384, 386 and 427 of the Indian Penal Code. Subsequently, after investigation charge sheet was submitted and cognizance was taken and thereafter charge was framed against the accused persons for the offence punishable under Ss. 147, 144, 323, 427, 452, and 451 of the Indian Penal Code. Charge under Sec. 380 of the Indian Penal Code, however, was not framed. Subsequently, trial proceeded and five prosecution witnesses were examined. Argument on behalf of both the sides were already heard and the case was fixed for judgment on 25/6/2015 and at that stage the prosecution filed the said application for alteration of charge praying for addition of charge under Sec. 380 of the Indian Penal Code. However, Ld. Trial Court rejected the application filed by the prosecution holding that application is meant to delay the disposal of the case which is already nearly about ten years old.

(3.) I heard Ld. counsel for the Petitioner who is son of the Petitioner and Ld. APP for the State.