Bhudev Prasad Gautam And Another vs State Of U.P..Nd Another
2014 Latest Caselaw 976 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 11710 of 2014
 

 
Applicant :- Bhudev Prasad Gautam And Another
 
Opposite Party :- State Of U.P..Nd Another
 
Counsel for Applicant :- Vinod Kumar Rai
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the order  dated 224.03.2014  passed by learned C.J.M., Saharanpur in Case No. 5101 of 2013, State Vs. Bhudev Prasad Gautam and another,  case crime no. 471C of 2012, by which he has held that the charge under Sections 420, 467, 468, 471, 504 and 506 IPC is  liable to be framed against the applicants on the basis of material on record.

The law is settled that the charge can be altered or amended at any stage of trial and the applicants will have opportunity to demonstrate before the trial court that  they are not liable to be convicted for the offence with which they have been charged.

In this view of the matter, no interference with the impugned order is required at this stage.

However, it will be open to the applicants to move an application for amendment/alteration of charge raising all the grounds which have been taken by  them  in this application before the trial court, and, in case any such application is moved by them  before the trial court, the same shall be decided in accordance with law.

Subject to the aforesaid observation, this application stands finally disposed of.

Order Date :- 17.4.2014

Abhishek Sri.