Section 216 in The Code of Criminal Procedure, 1973
216. Court may alter charge.
(1) Any Court may alter or add to any charge
Code of Criminal
Procedure ( CrPC ) was filed by the informant-wife for framing an additional
charge under Section 406 IPC against the husband ... prima
facie case for criminal breach of trust was made out and, accordingly,
allowed the application under Section 216 CrPC against the husband
statements of various witnesses under Section 161 of the Code of Criminal
Procedure 19735 with respect to the appellant raising a demand ... IPC along with Sections 3 and 4 of the Dowry Prohibition Act. It was
when an application under Section 216 of CrPC
Central Bureau of
Investigation (for short ‘CBI’) under Section 216 of the Code of Criminal
Procedure (for short ‘ CrPC ’) for addition ... criminal conspiracy against the respondent under Section
120-B IPC read with Section 3(3) of TADA Act but, inadvertently, the
original charge of criminal
SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1709 OF 2014
(ARISING OUT OF SLP(CRL.) NO.1899/2013
P. KARTIKALAKSHMI ...APPELLANT ... Section 376 I.P.C. and,
therefore, in the light of the power vested in the Trial Court
under Section 216
sheet, have not been
framed.
In accordance with Section 216 of Code of
Criminal Procedure, the Court has power to alter or
add any charge ... IPC, an application under Section 216 was filed
to frame an additional charge for an offence under Section
417 of the IPC. Justice
from this house D-5.
6. The application was moved under Section 216 Cr.P.C. for amending alteration and addition of the charge ... under Section 216 Cr.P.C. whereas in Section 319 Cr.P.C. the word evidence has been mentioned for Section 319
litigation before this Court at
the stage of Section 216 of the Code of Criminal Procedure, 1973
2 Patna High Court ... paragraph 4 of SCC as under:-
"In our view the Criminal Procedure Code gives
ample power to the courts to alter or amend
this Court.
While disposing of the application under section 216 Code of
Criminal Procedure, the learned Sessions Court shall not be
influenced by what ... decide the application under Section 216 Code of
Crl. Rev. P. 494 of 2007 Page 3 of 30
Criminal Procedure first before proceedings further with
application on which the order has been passed is not under section 216 Cr.P.C. rather it is a misc. application which does ... charge under Section 307 I.P.C.
20. The argument that there is delay in filing the application under Section 216 Cr.P.C. also