Case Note & Summary
The petitioners, accused in a case under Section 306 IPC for abetment of suicide, challenged an order adding a charge under Section 498A IPC at the fag end of trial after 10 years -- The prosecution had filed an application under Section 216 CrPC for alteration of charges -- The High Court analyzed Section 216 CrPC and held it is proper -- Citing precedents, the Court found the prosecution application maintainable and declined to quashed the order
Headnote
Criminal Law-- BNSS, 2023-- Section 528-- Code of criminal Procedure, 1973 -- Sections 482 and 216 -- Indian Penal Code, 1860 -- Sections 306 and 498A-- Petitioner was accused no.1-- Suicide committed by daughter of complainant-- Trial u/s 306 of IPC-- During pendency of trial ld. court realised that the petitioner ought to have also been charged u/s 498A of IPC-- Order of framing of charge u/s 498A of IPC passed by invoking powers u/s 216 of CRPC-- Aggreived-- Challenged by petitioner/accused-- Objection to the application under section 216 of CRPC referred-- Powers u/s 216 of CRPC-- Cases referred-- Court may alter, add the charge either upon its own motion or on an application of the parties concerned-- Powers of court to alter the charge rests even after reserving the order for its judgment, but before pronouncement of the order-- No interference-- No illegality in passing an order of framing of charge u/s 498A of IPC by invoking powers u/s 216 of CRPC-- Direction to conclude the trial within four months-- Petition Dismissed
Para-- 7, 8, 9, 10
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Issue of Consideration: Whether the order of the concerned Court permitting alteration of charge on an application filed by the prosecution under Section 216 of the CrPC is in consonance with law
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Final Decision
The High Court allowed the criminal petition and quashed the order dated 14.03.2025 adding charge under Section 498A IPC -- Held prosecution application under Section 216 CrPC not maintainable
2026 LawText (KAR) (02) 30
Sri Gagandeep E for petitioners, Sri Vinay Mahadevaiah for respondent
Sri Anbalagan, Sri Sudhakar
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Nature of Litigation: Criminal petition under Section 482 CrPC challenging an order adding charge under Section 498A IPC
Remedy Sought
Petitioners sought to set aside the order dated 14.03.2025 adding Section 498A IPC charge
Filing Reason
Prosecution filed application under Section 216 CrPC to add Section 498A IPC charge at fag end of trial after 10 years
Previous Decisions
Trial court order dated 14.03.2025 in SC No.1223/2014 permitted alteration of charges
Issues
Whether the prosecution can file an application under Section 216 CrPC for alteration of charges
Whether addition of Section 498A IPC charge at fag end of trial after 10 years is permissible
Submissions/Arguments
Petitioners argued prosecution cannot file application under Section 216 CrPC as it only permits suo motu alteration by court -- Relied on Shivappa v. State of Karnataka and Directorate of Revenue Intelligence v. Raj Kumar Arora
Respondent argued prosecution is within its power to file application under Section 216 CrPC for alteration of charges
Ratio Decidendi
Section 216 CrPC permits suo motu alteration of charges by the court, not on prosecution application -- Prosecution cannot file application under Section 216 CrPC for alteration of charges -- Addition of charges at fag end of trial after prolonged proceedings is impermissible
Judgment Excerpts
The concerned Court at the fag end of the trial realises that the petitioner ought to have also been charged under the offence punishable under Section 498A of the IPC as well and passes an order for framing of charge
The prosecution cannot file an application under Section 216 of the Cr.P.C. seeking alteration of the charge on the score that it is only the concerned Court which has suo motu power to alter charges
The issue at this juncture lies in a narrow compass as to whether the order of the concerned Court permitting alteration of charge on an application being filed by the prosecution is in consonance with law or otherwise
Procedural History
Case registered for offence under Section 306 IPC in 2014 -- Trial ongoing for 10 years -- Prosecution filed application under Section 216 CrPC in 2025 to add Section 498A IPC charge -- Trial court allowed application on 14.03.2025 -- Petitioners filed criminal petition under Section 482 CrPC in High Court -- High Court heard arguments and delivered judgment on 03.02.2026
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