In this criminal appeal under Section 482 Cr.P.C., the applicant sought a direction to the trial court to frame additional charges. The court held the trial court possessed inherent power under Section 216 Cr.P.C. to alter charges, rendering the applicant's presumption-based application misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- APPLICATION U/S 482 No. - 29313 of 2022
Applicant :- Abdul Wahid Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Abhay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Order Date :- 22.9.2022 VKG
Digitally signed by VIJAY KUMAR GUPTA Date: 2022.09.27 11:01:30 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether direction should be issued to the trial court to frame additional charges under IPC Sections 467, 468, 471, 120-B, 506, and 502.
Whether the trial court lacks power to alter charges under Section 216 Cr.P.C.
3 provisions across 2 enactments
Abdul Wahid
State Of U.P.
Karunesh Singh Pawar J.
Vijay Kumar Gupta J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
