Jagannath Sandipan Acharya v. the State of Maharashtra
Case brief
What is this about?
Bombay High Court (Aurangabad Bench), Criminal Revision Application No. 63 of 2025, decided 08-10-2025 by Abhay J. Mantri, J. Applicants (accused in Sessions Case No. 46 of 2020 — offences u/ss. 302, 201, 498(A) r/w 34 IPC arising out of the death of Manisha) challenged the order dated 08-01-2025 allowing the prosecution's Exhibit 269 application to add 'accused administered herbicide glyphosate' to the charge after evidence closed and arguments concluded. Held: under S.216 CrPC the power to alter/add a charge is exclusive to the Court and exercisable suo motu only, not on a party's application; the prosecution's application was not maintainable; no witness deposed to administration of glyphosate despite the PW-4 Medical Officer's FSL-based opinion; the order was perverse and was quashed. Precedents: P. Kartikalakshmi (2017) 3 SCC 347; Wazid Ansari 2024(3) Bom. C.R. 89. Keywords: alteration of charge, Section 216 CrPC, herbicide glyphosate, FSL report, application by prosecutor, charge alteration after arguments, murder trial, unlawful demand Rs. 2,00,000/-.