Patna High CourtCR. REV./782/2014dismissed

Ramashray Singh Andors v. State Of Bihar And ANR

2017-01-12Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.782 of 2014 =========================================

1. Ramashray Singh, Son of Baso Singh

2. Kaushal Kishore Singh @ Kaushal Singh, Son of Baso Singh

3. Raj Kishore Singh, Son of Baso Singh

4. Niranjan Singh, Son of Dharnidhar Singh

5. Neeraj Singh, Son of Ramashray Singh All Resident of village- Pawra, P.S.- Cheriabariarpur, DistrictBegusarai.

6. Laxmi Narayan Singh, Son of Yogendra Singh Resident of village- Shyampur, P.S.- Rosara, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Purendra Singh, Son of Late Gita Singh, Resident of villagePawradhab, P.S.- Cheriyabariyarpur, District- Begusarai. .... .... Respondent/s ========================================= Appearance :

For the Petitioner/s : Mr. Ajey Kumar, Adv. For the Respondent/s : Mr. Prem Kumar Jha, APP =========================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 12-01-2017 Heard the parties.

By the impugned order, dated 15.07.2014, passed in Sessions Trial Nos. 190 of 1997/0000136 of 2014, by the learned 3rd Addl. Sessions Judge, Begusarai, the charge has

Patna High Court CR. REV. No.782 of 2014 dt.12-01-2017 2/2 been directed to be amended on an application filed on behalf of the informant.

I have seen the impugned order, whereby, the charges have been ordered to be framed for the offences punishable under Section 149 of the Indian Penal Code and Section 27 of the Arms Act, in addition to the charges already framed for the offences punishable under Sections 307, 302 and 379 of the Indian Penal Code. Section 216 of the Code of Criminal Procedure, empowers a Court to alter or add any charge at any stage before pronouncement of the judgment. The court below, after having taken into account the materials available on the record, appears to have correctly held that charges, under the aforesaid section of Indian Penal Code and the Arms Act, were also required to be framed and accordingly the charge has been amended. I do not find any illegality in the order impugned.

This application has no merit and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13.01.2017 Transmission Date 13.01.2017