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1 - 10 of 26 (0.21 seconds)The Indian Penal Code, 1860
P. Kartikalakshmi vs Sri Ganesh on 12 August, 2014
10. It is seen from these Judgments that the Judgment of the Hon'ble
Supreme Court in the case of P.Kartikalakshmi vs. Ganesh and others
reported in 2013 (3) MWN (Cri. Page 521) is distinguished and now the
position is that the court can add or alter the charges at the instance of the
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.1221 of 2017
parties, subject of course to the supporting materials and evidence available.
Therefore, there is no prohibition for the Assistant Public Prosecutor to file
a petition to frame additional charge or add a charge. It is for the court to
take a final decision as to whether to frame additional charge or alter the
charge.
Section 216 in The Indian Penal Code, 1860 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Dr.Nallapareddy Sridhar Reddy vs The State Of Andhra Pradesh on 21 January, 2020
9. Learned public prosecutor appearing for the ninth respondent
submitted that while deciding upon the addition or alteration of the charge,
the material brought on record needs to have direct link with the ingredients
of the alleged offence and charge can be added at the instance of the parties.
He drew the attention of this Court to the Judgment of the Hon'ble Supreme
Court reported in MANU/SC/0057/2020 in the case of Nallapareddy
Sridhar Reddy vs. The State of Andhra Pradesh and Others and the
Judgment of the Hon'ble Supreme Court reported in MANU/SC/0279/2016
Anant Prakash Sinha Vs. State of Haryana and Ors.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.1221 of 2017
The relevant portion of the said Judgment reported in
MANU/SC/0057/2020 in the case of Nallapareddy Sridhar Reddy vs. The
State of Andhra Pradesh and Others is extracted hereunder: