In a notable decision, the Allahabad High Court has ruled that a court does not have the authority to add or remove sections from a police report while taking cognizance of offences under Section 190 of the Code of Criminal Procedure (CrPC). This adjustment of charges can only occur at the stage of framing charges under the relevant provisions of the CrPC.
The judgment was delivered by Justice Manoj Bajaj in Criminal Appeal No. 10230 of 2023, titled Smt. Usha vs State of UP and Another, along with two connected appeals.
Case Background
The appeals were filed against an order dated August 17, 2023, by the Special Judge (SC/ST Act) in Mathura, related to Case Crime No. 321 of 2022. In this case, the Special Judge, while taking cognizance based on the final police report under Section 173(2) CrPC, had additionally taken cognizance of offences under Sections 325 and 307 of the Indian Penal Code (IPC). These sections were not included in the original police report and were added upon the complainant’s application.
The case began with an FIR lodged on October 24, 2022, alleging that the complainant was assaulted by the accused while he was plowing his leased agricultural land. The police charged the accused under Sections 147, 148, 323, 324, 504, 506 IPC, and Sections 3(1)(r), 3(1)(s) of the SC/ST Act.
Legal Issues
1. Can a court modify sections from a police report while taking cognizance under Section 190 CrPC?
2. When can charges be altered during a criminal trial?
3. What is the court's power scope when reviewing a final report under Section 173(2) CrPC?
Court's Decision
The High Court partially allowed the appeals, setting aside the Special Judge's order that added Sections 325 and 307 IPC.
Key Observations
1. Fair Hearing: The court emphasized that "at the stage of taking cognizance of offences on a police report, neither the complainant nor the accused is heard, and adding offences under Sections 325 and 307 IPC without hearing the accused would prejudice them."
2. Supreme Court Reference: Citing the Supreme Court's decision in State of Gujarat vs. Girish Radhakrishnan Varde (2013), the court reiterated that "offences cannot be either added or subtracted in the police report at the stage of taking cognizance under Section 190 CrPC."
3. Charge Framing Stage: The court clarified that a thorough evaluation of the charge sheet under Section 173(2) CrPC is conducted when considering the prosecution's case for framing charges. If the evidence suggests additional offences not listed in the charge sheet, the trial court can frame charges for those offences at that stage.
4. Limited Scope of Cognizance: The court noted that "consideration of the final report at the stage of taking cognizance is limited. The Supreme Court, in State of Gujarat vs. Girish Radhakrishnan Varde, held that offences cannot be added or subtracted at the stage of taking cognizance under Section 190 CrPC."
This ruling underscores the procedural fairness required in criminal trials, ensuring that both the complainant and the accused are given due consideration before any charges are modified.
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