Court No. - 12
Case :- APPLICATION U/S 482 No. - 42247 of 2018 Applicant :- Ram Naresh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A.
Learned counsel for the applicant submitted that applicant has filed application bearing S.T. No. 1 of 2016 dated 21.12.2017/16.04.2018 before Additional District Judge, Court No. 4, Pilibhit for adding different sections of SC/ST Act which was rejected by Additional District Judge, Pilibhit vide order dated 25.08.2018 on the ground that no case is made out for adding sections of SC/ST Act. It is further submitted that the accused belongs to General Category and applicant belongs to SC/ST Category, therefore, it is necessary to charge them also under the provisions of SC/ST Act.
Sri Pankaj Saxena, learned A.G.A.-I has submitted that apart from the facts as well as law laid down by the Apex Court, applicant has no right to move application under 216 Cr.P.C. and it is absolute power of Court to alter the charge subject to its satisfaction. In support thereof, he has also placed reliance upon the judgment of Apex Court in the case of P. Kartikalakshmi Vs. Sri Ganesh and another 2017 (3) SCC 347 decided on 12.08.2014.
I have perused the records as well as judgment of Apex Court. The Apex Court has clearly held that it is exclusive power of Court under Section 216 Cr.P.C. to alter the charge and no one has any vested right to seek any addition or alteration of charge. Relevant paragraph No. 10 of the judgment is quoted below:-
"10. We are taken through Sections 221 & 222 of the Cr.P.C. in this context. In the light of the facts involved in this case, we are only concerned with Section 216 Cr.P.C. We, therefore, do not propose to examine the implications of the other provisions to the case on hand. We wish to confine ourselves to the invocation of Section 216 and rest with that. In the light of our conclusion that the power of invocation of Section 216 Cr.P.C. is exel usively confined with the Court as an enabling provision for the purpose of alteration or addition of any charge at any time before pronouncement of the judgment, we make it clear that no party, neither de facto complainant nor the accused or for that matter the prosecution has any vested right to seek any addition or alteration of charge, because it is not provided under Section 216 Cr.P.C. If such a course to be adopted by the parties is allowed, them it will be well nigh impossible for the Criminal Court to conclude its proceedings and the concept of speedy trial will get jeopardized."
After going through the facts of the case as well as law laid down by the Apex Court, I am of the firm view that there is no illegality in the order dated 25.08.2018 passed by learned Additional District Judge.
Accordingly, the application is dismissed.
Order Date :- 28.11.2018 Sartaj