Criminal Procedure vs Additional Public Prosecutor For ...
2022 Latest Caselaw 807 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

               CRIMINAL PETITION No.895 of 2022

ORDER:-


      This Criminal Petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking

direction to the trial Court to number the petition filed by the

petitioner under Section 216 Cr.P.C seeking to alter the charges

and to dispose of the same according to law in C.C.No.2458 of

2021 on the file of the learned I Additional Chief Metropolitan

Magistrate, Vijayawada.


      Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the 1st respondent/State.

The limited grievance of the petitioner in this Criminal

Petition is that he is the de facto complainant in C.C.No.2458 of

2021 on the file of the learned I Additional Chief Metropolitan

Magistrate, Vijayawada and he has filed a petition under Section

216 Cr.P.C to alter the charges against the accused therein and

the trial Court did not even number the said petition and did not

consider the said petition and without disposing of the said

petition that the case is posted for judgment to Monday i.e., on

14.02.2022. Therefore, the present Criminal Petition is filed

seeking the aforesaid relief.

It is stated by learned counsel for the petitioner that as the

Assistant Public Prosecutor did not cooperate to file the petition

under Section 216 Cr.P.C to alter the charges that the petitioner as

de facto complainant has filed the said petition through the

Assistant Public Prosecutor and the trial Court did not even

number the said petition and without disposing of the said petition

that the case is posted for judgment.

Therefore, in the said facts and circumstances of the case,

the trial Court is directed to consider the said petition filed by the

petitioner under Section 216 Cr.P.C and dispose of the same

according to law after hearing both the parties and then dispose of

the main case in C.C.No.2458 of 2021 according to law. This Court

is not expressing anything on merits of the petition filed under

Section 216 Cr.P.C and also regarding its maintainability before

the trial Court. It is entirely the discretion of the trial Court to

consider the said petition under Section 216 Cr.P.C and dispose of

the same according to law.

Miscellaneous petitions, if any pending, in the Criminal

Petition, shall stand closed.

_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 11.02.2022

Note: Issue CC by today.

B/o AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.895 of 2022

Date: 11-02-2022

AKN