Section-216 CrPC: Complainant can also file application for alteration of charge [Read the Order]

June 16, 2019:

Calcutta High Court has held that a complainant has also entitled to bring to the notice of the court that the charge already framed needs alteration and thereupon the court may alter the charges.

A bench of Justice Ahsa Arora has passed the order in the case titled as Satrajit Roy vs The State of West Bengal on 12.06.2019.

By an order dated 11th April, 2018 the trial court, upon perusal of the materials in the case diary, framed charge under section 306 of IPC against the accused/petitioner but on a subsequent date, on 21st August, 2018 the aforesaid charge was altered on the basis of an application under section 216 of the Code of Criminal Procedure filed by the defacto complainant and offences under Section-302/376 were framed.

Learned counsel for the petitioner sought to impress that the opposite party no.2 herein/defacto complainant has no locus standi to file an application for alteration of the charge since the power under section 216 of the Code of Criminal Procedure vested in court is exclusive and the defacto complainant or the accused or the prosecution cannot seek addition or alteration of charge by filing any application as a matter of right.

High Court observed "It is significant to mention that the aforesaid decision has been relied on by the petitioner but it is evident from paragraph 6 of the judgement that section 216 of the Code of Criminal Procedure is an enabling provision for the Court to exercise its power under certain contingencies which comes to its notice or brought to its notice. In the case in hand, the error or omission in framing the charge was brought to the notice of the trial court by the defacto complainant and accordingly the charge was altered upon perusal of the material which was overlooked".

High Court then held "It is evident that by a well reasoned order the trial court altered the charge upon perusal of the materials in the case diary and was satisfied that a prima facie case has been made out against the accused for offences punishable under sections 302/376 IPC. The order impugned does not suffer from any illegality or irregularity. Therefore no interference is warranted with the same:.

Read the Order here: