Order on charge

This query is : Resolved 
 

Online (Querist)
11 December 2015

In the charge sheet prosecution mentioned sections like 120B,420,467,471 and 13(1)(d) r/w 13(2). After an argument on charge prosecution proposed only 120B and 13(1)(d) r/w 13(2). However while framing charges judge had all the charges as mentioned in the charge Sheet.
My querry is
1. Can the Judge add more charges beyond what has been mentioned by prosecution.
2. If yes,is the judge supposed to give the reasoning and facts for additional charge?
3.While pointing out on illegal sanction on the face it based on the relied upon document, Judge had ignored the observation and mentioned that if two views are there the views of the prosecution will prevail at the time of charge. IS he correct.
In the ruling of a four-Judge Bench of The Hon’ble Supreme Court in V.C. Shukla v. State Through C.B.I.,1980 Supplementary SCC 92 the trial court to consider the material placed by the accused to be considered. Kindly tell me even as on date this ruling holds good.

Shall be grateful and obliged for an appropriate reply.


SAINATH DEVALLA (Expert)
11 December 2015

the judge does not have authority to add charges. That is the duty of the prosecuting authority. The judge could greatly influence the prosecutor's decision but the judge can't add charges him/herself. Procedurally, the prosecutor must file a petition to revoke his probation for the judge to have jurisdiction to rule on that issue.

m.v.prabhakarOnline (Querist)
11 December 2015

Tks for the partial comments.

Greatful if the relevant provisions of CR.P.C be quoted and citation of any court if any on the said subject may be mentioned.

Waiting for the response for other questions.

Regards

P. Venu Online (Expert)
12 December 2015

What is the opinion of your advocate?

m.v.prabhakarOnline (Querist)
12 December 2015

Sir
Seeking an independent opinion. Yet to consult.

T. Kalaiselvan, Advocate Online (Expert)
19 December 2015

Is it your case or how are you related to this?, whether the court has added the charges as narrated by you on its own without any base or reason?, if you are aggrieved by the court's decision you may file a petition before the higher court for transfer of the case to some other court due to pre-determined activity of the judicial officer presiding that court and get a stay of the proceedings till the decision for transfer is taken.
What were the additional section included by court which are contrary to this case proceedings?.

SAINATH DEVALLA (Expert)
20 December 2015

Rightly concluded by Adv Kalaiselvan

m.v.prabhakarOnline (Querist)
21 December 2015

Sir/ Thanks to all who had given the opinion. It is not my case. Just to know the legal position.



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