Rajdeep Singh vs State Of Haryana And Others
2024 Latest Caselaw 16108 P&H

Punjab-Haryana High Court

Rajdeep Singh vs State Of Haryana And Others on 3 September, 2024

Author: Karamjit Singh

Bench: Karamjit Singh

                                Neutral Citation No:=2024:PHHC:114561




CRM-M-9720-2021                     [1]



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                 CRM-M-9720-2021
                                                 Date of decision: 03.09.2024

Rajdeep Singh                                                      ...Petitioner

                                        Versus

State of Haryana and others                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:    Mr. Lupil Gupta, Advocate and
            Mr. Nitin Goswami, Advocate for the petitioner.

            Mr. P.K. Aggarwal, DAG, Haryana

            ****

KARAMJIT SINGH, J. (ORAL)

CRM-33780-2024

The present application is allowed in the light of the direction

given by this Court in its previous order dated 15.04.2024 and the order

(Annexure P-5) whereby trial Court had framed charges against the accused

persons is taken on record.

CRM-M-9720-2021

1. The counsel for the complainant submits that the petitioner

suffered grievous injury with sharp edged weapon on his person which

prima facie attracts offence under Section 326 IPC. That however, the trial

Court did not frame any charge with regard to offence under Section 326

IPC and the accused were charged only under Sections 323, 506 read with

Section 34 IPC as is clear from Annexure P-5. It is further submitted that

being aggrieved, the petitioner has filed the present petition seeking

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Neutral Citation No:=2024:PHHC:114561

CRM-M-9720-2021 [2]

modification/alteration of the charges.

2. The State counsel submits that the present petition be disposed

of in accordance with law.

3. I have considered the submissions made by counsel for the

parties.

4. Admittedly, the trial is going on. Section 216 Cr.P.C is an

enabling provision which enables the trial Court to alter or add to any

charge at any time before judgment is pronounced and if any alteration or

addition to a charge is made, the Court has to follow the procedure as

contained in Section 217 Cr.P.C.

5. In light of the above, the present petition is hereby disposed of

with liberty to the petitioner to file application under Section 216 Cr.P.C

seeking modification/alteration of charges within 7 days of the recording of

entire medical evidence and in case, such evidence is already recorded, the

aforesaid application under Section 216 Cr.P.C should be filed by the

petitioner within next 7 days from today. If any such application under

Section 216 Cr.P.C is moved by the petitioner, the same is to be considered

and decided by the learned trial Court in accordance with law after taking

into consideration the aforesaid medical evidence.

6. The present petition is disposed of in aforesaid terms, without

expressing any opinion on the merits of the case.

03.09.2024                                            (KARAMJIT SINGH)
Yogesh                                                    JUDGE

             Whether speaking/reasoned:-              Yes/No
             Whether reportable:-                     Yes/No



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