Ashish vs The State Of Madhya Pradesh
2023 Latest Caselaw 16911 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                               ON THE 11 th OF OCTOBER, 2023
                                            CRIMINAL REVISION No. 4436 of 2023

                           BETWEEN:-
                           ASHISH S/O RAMSWAROOP DHAKAD, AGED 26 YEARS,
                           R/O VILLAGE KHEDA KALA TEH KAILARAS DISTRICT
                           MORENA (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (SHRI ANKUR MAHESHWARI- ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH SHO POLICE
                           STATION CIVIL LINE MORENA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (SHRI NIRMAL SHARMA- PUBLIC PROSECUTOR)

                                 Th is revision coming on for hearing this day, th e court passed the
                           following:
                                                               ORDER

This Criminal Revision under section 397 read with Section 401 of

Cr.P.C is filed assailing the order dated 26.08.2023 passed by learned Second Additional Sessions Judge, Morena (MP) in ST No.232/2018; whereby, charges for offence punishable under Sections 419 read with Section 120(b) of IPC have been framed against the petitioner.

Learned counsel for the petitioner submits that petitioner stands charged under Sectiond 419/34, 465/34, 467/34, 468/34 and 177/34 of IPC and 3(c)/4 of M.P. Recognized Examination Act in ST No.232/2018 vide order dated 29.11.2018. During the course of trial, statements of witnesses have been Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/12/2023 10:33:49 AM

recorded and case was fixed for judgment on 26.08.2023. On the date of judgment, learned Second Additional Sessions Judge, suddenly ordered deletion of charge No.1 i.e. 419/34 of the IPC and framed charge under Section 419/120(b) and Section 120(b) of the IPC against the revision petitioner. No opportunity of hearing was accorded to the revision petitioner before amending the charges. Further, no reason is assigned for amendment in the charge, therefore, impugned order may be set aside.

Per contra, learned counsel for the State submits that learned Trial Court on perusal of the record found it appropriate to amend the charge, therefore, charges were amended.

Heard learned counsel for the parties and perused the record. Copy of impugned order dated 26.08.2023 reflects that the case was fixed for judgment. Learned trial Court on perusal of the record opined that some additional charges are required to be framed and proceeded to frame the charges as aforesaid but no opportunity was given to the accused or the prosecution before amending the charge. Moreover, no reasons are assigned for amendment in the charge. There appears to be patent irregularity in the proceedings, therefore, interference in exercise of revisional jurisdiction is needed in the matter to correct the impropriety or irregularity in the proceedings of the Trial Court. Since the impugned order dated 26/08/2023 suffers from patent irregularity and impropriety, therefore, it is set aside. Learned trial Court may reconsider the amendment of charge, if needed, only after giving opportunity of hearing to the prosecution and accused and pass a reasoned order in this regard.

Accordingly, revision petition stands allowed.

Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/12/2023 10:33:49 AM

(SANJEEV S KALGAONKAR) JUDGE Prachi

Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/12/2023 10:33:49 AM