During an oral hearing in Criminal Miscellaneous No. 7226 of 2016, relying on Section 216 of the Cr.P.C., the Patna High Court examined if the record supported the alteration of charges and disposed of the instant petition without further comment.
Instant petition disposed of.
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Patna High Court Cr.Misc. No.7226 of 2016 (2) dt.25-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7226 of 2016
Arising Out of PS.Case No. -109 Year- 2009 Thana -MAHUA District- VAISHALI(HAJIPUR)
====================================================== The State Of Bihar
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar Sinha For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
2 25-10-2018 Heard learned Additional Public Prosecutor. Gone through the order impugned.
From plain reading of Section 216 of the Cr.P.C. it depends upon wisdom of the court whether, material available on the record did justify alteration or addition of the charge. In terms thereof, instant petition is disposed of.
(Aditya Kumar Trivedi, J.)
Prakash Narayan U T
1 issue framed by the court
Whether the available material on the record justified altering or adding to the charges under Section 216 of Cr.P.C.
1 provisions across 1 enactments
The State Of Bihar
Ratnesh Bhagat @ Ratnesh Chaurasiya
Vijay Bhagat
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
