Allahabad High Court: Dinesh Kumar Singh, J. while disposing of this petition gave liberty to the petitioner to move an application for altering the charge against the accused.
This instant petition was filed under Section 482 CrPC challenging the order of Additional District and Sessions Judge (Ex-cadre), Pratapgarh. The charges were framed under Sections 147, 323/149, 452, 504, 506 IPC.
Counsel for the petitioner, Amar Nath Dubey submitted that Sessions Judge did not frame charge under Section 436 IPC. This was done on the incorrect ground that there was no allegation either in the FIR or in the statement of the complainant recorded under Section 161 CrPC that the accused used fire or explosive substance to put on fire the residential property of the complainant or another person. The miscreants/accused persons had put on fire the thatch of Ramadhar.
The Court in view of the above observed that at the stage of framing of charge, a Judge is required to evaluate the evidence to find out prima facie case but he is not required to go in detail every statement or every evidence which has been collected by the Investigating Officer. The Sessions Judge after considering the version of the FIR and the statement of the other witnesses including the complainant was prima facie of the opinion that offence under Section 436 IPC is not made out. If the complainant or the prosecution is of the view, during the course of the trial, that some other offences has/have also been committed by the accused, it is always open to him/her to file an application under Section 216 CrPC to alter the charges. [Nepali Devi v. State of U.P., 2019 SCC OnLine All 4366, decided on 30-10-2019]
