Justice Dinesh Kumar Sigh of Allahabad HC disposed of a petition while giving liberty to the petitioner to move an application for altering the charges leveled against the accused.
An instant petition was filed under the Section 482 of CrPC challenging the order passed by the additional District and Sessions Court of Pratapgarh. The charges leveled were under the Sections 147, 323, 149, 452, 504, 506 of IPC.
The petitioner’s counsel learned Amar Nath Dubey submitted to the Allahabad HC that charges were not levied based on Section 463 of IPC. This was incorrect there had been no charges in FIR or in the statement of complaint under Section 161 of CrPC that the accused had been using explosive devices to set fire to a building. The accused had allegedly set fire to the thatch of a Mr. Ramadhar.
The HC after thorough examination concluded that while framing a charge, the Judge of the respective learned court evaluates the evidence in order to ascertain the prima facie case. That however does not entail him to go through in detail with every facet of the argument and the evidence collected by the Investigating Officer. The HC observed that after examining everything that the HC had in reference to this, the offence under Section 436 of IPC could not be made out. However if the prosecution opines that any offense needs to be brought into the notice of the Court, it may do so by filing an application under the Section 216 of CrpC to alter the charges.
Nepali Devi v. State of U.P., U/S 482/378/407 No. 4542 of 2011, decided on 30-10-2019