Adding Sections into the Charge sheet WHAT TO DO?

Adding Sections into the Charge sheet WHAT TO DO?

State of Gujarat

Vs.

GIRISH RADHAKRISHNAN VARDE

This appeal by special leave which was heard at the admission stage itself, is directed against the judgment and order dated 8.4.2011 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application No. 24xx/2010 whereby the learned single Judge was pleased to dismiss the application filed by the appellant – State of Gujarat and thus upheld the order passed by the learned Addl. District & Session Judge, Deesa who had set aside the order of the Chief Judicial Magistrate by which he had permitted the complainant to add Sections 364, 394 and 398 of the Indian Penal Code (‘IPC’ for short) into the charge sheet which was submitted after police investigation.

QUESTION

The principal question which arises for determination in the instant appeal is whether the learned magistrate by virtue of the powers conferred upon him under Chapter XV of the Code of Criminal Procedure 1973 (for short ‘Cr.P.C.’) under the Heading of “Complaints to Magistrate” can be permitted to allow the complainant / informant to add additional sections of the IPC in to the charge sheet after the same was submitted by the police on completion of investigation of the police case based on a first information report registered under Section 154 Cr.P.C.

After the police investigation was complete on the basis of the FIR registered and a charge sheet was submitted by the police before the learned Magistrate, Deesa which included Sections 365, 511, 387, 386, 34, 120-B and 506 (2) as also under Section 25 (1) (A) of the Arms Act, the complainant noticed that despite the fact that the respondent – accused robbed Rs. 50,000/- from the complainant on one previous occasion and this time again attempted to rob and kidnap the complainant, the offences punishable under Sections 364, 394 and 398 of the IPC were not included in the charge sheet which was filed against respondent and other accused persons. In order to rectify the said error the complainant submitted an application before the learned Magistrate, Deesa for adding other Sections 364, 394 and 398 of the IPC who after hearing the parties was pleased to allow the application bearing No. 17xx/2009 and permitted further additions of Sections 364, 394 and 398 of the IPC into the charge sheet.

The respondent – accused feeling aggrieved and dissatisfied with the aforesaid order permitting inclusion and addition of sections into the charge sheet, preferred criminal revision before the Additional District & Session Judge, Deesa who was pleased to quash and set aside the order dated 7.8.2010 passed by the learned 3rd Addl. District & Session Judge, Deesa and thus allowed the civil revision by order dated 23.9.2010.

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