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ashok kumar (Social Worker)     17 September 2014

Grounds of revision-chances of success

Grounds  of Revision-Chances of Success

 

Criminal Revision Filed against Charges u/s 399 CrPC, by the accused on the the ground that the Charge states creation of a forged bank guarantee on 22.01.2014 but there is no such guarantee on record with the Court. Albeit there is a guarantee format on record, with a different date viz 11.02.14 and that too with overwriting on this date.

 

1.   Is this a sufficient ground for filing the revision ?

2.   What are the chances of this revision succeeding?

3.   In view of the Section 216 CrPC can the court amend the charge and correct the date from 22.01.2014 to 11.02.2014?



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 3 Replies

Madan Mohan Pandey (District and High court advocate)     18 September 2014

YOUR CASE HAS SUFFICIENT GROUND OF REVISION  AND YOU MAY BE ABLE TO GO TO HIGHER COURT TO GET THE FIR QUASHED ON THE SAME GROUND OF REVISION. THE COURT CANNOT AMEND ANY BANK RECORDS. THIS IS NONE OF THE BUSINESS OF COURT. THERE ARE CHANCES IN REVISION  AS YOUR CASE HAS CONTROVERCIES.

ashok kumar (Social Worker)     18 September 2014

Thank You Mr Madanji

Yes I to feel the same, But I request you to throw some light on my 3rd Query 

"3.In view of the Section 216 CrPC can the court amend the charge and correct the date from 22.01.2014 to 11.02.2014?"

Because the Section 216 of the CrPC says

216.Court may alter charge.- 

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

(2) Every such alteration or addition shall be read and explained to the accused.

(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.

(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

What if after filing of the revision the Trial Court alters the Charge in view of the above section, and says that in the charge the Charge the date may be read as 11.02.14 instead of 21.01.14

ashok kumar (Social Worker)     18 September 2014

Respected Madan Mohanji

Besides the Section 216 quoted above, u also have the Sections 214 & 215 which read as 

"214.Words in charge taken in sense of law under which offence is punishable.- 

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

215.Effect of errors.- 

No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice."

 

I feel in view of the combines reading of the above 3 Sections 214, 215 & 216 the Trial Court can always reframe the charge correcting the anamolies  in the charge orginally communicated

 

What is your opinion??


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