Chandni Devesh Mishra v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4890 OF 2014 Chandni Devesh Mishra ... Petitioner Vs.

The State of Maharashtra and others ... Respondents Mr. M. P. Mishra for Petitioner.

Mrs. M. H. Mhatre, APP for Respondents-State. CORAM : RANJIT MORE & R. G. KETKAR, JJ.

DATE : 28th SEPTEMBER, 2015.

P.C.:

This Petition is filed seeking direction to respondents No.2 to 5 to add charges punishable under Sections 326, 354-A and 354-B to the F.I.R. bearing C.R.No.190 of 2013 registered with Vakola Police Station against respondents No.6 to 8.

2.

Mrs. Mhatre, learned APP, upon instructions, makes a statement that after completion of the investigation in the said C.R., charge-sheet is already filed before the concerned Magistrate. Statement accepted. 3.

In the light of the statement made above, we are of the opinion that the learned Magistrate is seized of the matter. Under the provisions of 1/3

Section 216 of the Code of Criminal Procedure, 1973, the Magistrate is competent to alter or add to any charge at any time before judgment is pronounced. We are, therefore, not inclined to interfere with the Petition and the same is accordingly dismissed.

[R. G. KETKAR, J.] [RANJIT MORE, J.] Minal Parab 2/3

CERTIFICATE Certified to be true and correct copy of the original signed Judgement / order.

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