Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 224.03.2014 passed by learned C.J.M., Saharanpur in Case No. 5101 of 2013, State Vs. Bhudev Prasad Gautam and another, case crime no. 471C of 2012, by which he has held that the charge under Sections 420, 467, 468, 471, 504 and 506 IPC is liable to be framed against the applicants on the basis of material on record.
The law is settled that the charge can be altered or amended at any stage of trial and the applicants will have opportunity to demonstrate before the trial court that they are not liable to be convicted for the offence with which they have been charged.
In this view of the matter, no interference with the impugned order is required at this stage.
However, it will be open to the applicants to move an application for amendment/alteration of charge raising all the grounds which have been taken by them in this application before the trial court, and, in case any such application is moved by them before the trial court, the same shall be decided in accordance with law.
Subject to the aforesaid observation, this application stands finally disposed of.
Order Date :- 17.4.2014 Abhishek Sri.