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herein referred to
as 'the Code') for alteration of charge was dismissed.
2. By an order dated 16.04.2005, the Special ... Code reads as under:
216. Court may alter charge.
(1) Any court may alter or add to any charge
Delhi High Court
charge by producing the
copy of the altered charge by on 9.11.04, As per order in Crl.M. Appl.
13244 ... reveals sufficient indications to satisfy that
the learned Magistrate altered charge only after applying his mind and
that too after
Kerala High Court
evidence is such as to establish the altered
charge. In support of that view, the Appellate Board has relied ... Appellate Board altering the charge and
holding that the altered charge is proved on the material on record.
Thus
Madras High Court
Indian Penal
Code against all accused and, therefore, all alteration charge is bad
in law.
Contentions of learned Public Prosecutor ... Code gives ample power and
jurisdiction and to frame alter charge. Section 216 of Code of Criminal
Procedure reads
Gujarat High Court
requested the
learned trial court to alter the charge by adding the word
'motive' before the word 'reward ... allowed the said application and directed that the
charge be altered and copy of the said order is annexed
Bombay High Court
evidence is such as to establish the altered
charge. In support of that view, the Appellate Board has relied ... Appellate Board altering the charge and
holding that the altered charge is proved on the material on record.
Thus
Madras High Court
avail to confer
jurisdiction for the trial on the altered charge of murder. If on the
other hand ... alteration of the charge and the trial on the
altered charge has, in fact, occasioned a failure of justice
Kerala High Court
charge' means the addition of a new charge. An alteration of
a charge means changing or variation of an existing ... Under s. 219 Cr. P.C. the court may alter charge. It says:
"2 16. Court may alter charge
Supreme Court of India
witnesses for the prosecution in regard
to the altered charge or to produce such further defence evidence ... commitment ought to have been made on the altered
charge without giving the accused an opportunity of re-examining
Allahabad High Court
closure of account cannot be the basis for altering the charge; the submissions contained in the written arguments cannot ... learned Sessions Judge held that the question of altering charge arises only when the charge is framed
Madras High Court
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