Altering of charges

Applicant/accused had impugned order whereby Judicial Magistrate had altered the charge by introducing S.467, P.P.C. and referred the matter to the Sessions Judge for trial as offence under S.467 was triable by the Court of Session

Grievance of applicant was that Judicial Magistrate did not have powers to alter charge without notice to the accused

Validity

Under Criminal Procedure Code the Trial Court could always alter the charge at any point of time either on an application or on its own

Grievance of applicant that the Trial Court could not alter the charge by introducing S.467, P.P. C. was without substance

If the Trial Court was of the opinion that material placed before it was sufficient to alter the charge, it could pass such an, order and no, notice of any nature was required.