The High Court dismissed a writ petition seeking to add charges to an F.I.R. after accepting that the charge-sheet was already filed, holding that the magistrate is competent to alter or add charges before judgment under Section 216 CrPC.
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.
WP4890_14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4890 OF 2014
Chandni Devesh Mishra … Petitioner Vs. The State of Maharashtra and others … Respondents
Mr. M. P. Mishra for Petitioner. Mrs. M. H. Mhatre, APP for Respondents-State.
CORAM : RANJIT MORE & R. G. KETKAR, JJ. DATE : 28th SEPTEMBER, 2015.
P.C.:
This Petition is filed seeking direction to respondents No.2 to 5
to add charges punishable under Sections 326, 354-A and 354-B to the F.I.R. bearing C.R.No.190 of 2013 registered with Vakola Police Station against respondents No.6 to 8.
that the learned Magistrate is seized of the matter. Under the provisions of
1/3
WP4890_14.doc
Section 216 of the Code of Criminal Procedure, 1973, the Magistrate is competent to alter or add to any charge at any time before judgment is pronounced. We are, therefore, not inclined to interfere with the Petition and the same is accordingly dismissed.
[R. G. KETKAR, J.] [RANJIT MORE, J.]
Minal Parab
2/3
WP4890_14.doc
CERTIFICATE
Certified to be true and correct copy of the original signed Judgement / order.
3/3
1 issue framed by the court
Whether the High Court can direct the addition of charges to the F.I.R. after the charge-sheet has been filed.
1 provisions across 1 enactments
Chandni Devesh Mishra
The State of Maharashtra
Ranjit More
R. G. Ketkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
