IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.17845 of 2010
VISHNU RAM @ BISHNU RAM s/o Late Ram Barai Ram, r/o Mohalla- Shivpuri,
P.S. Kazi Mohammadpur, District- Muzaffarpur ...Petitioner
Versus
1. THE STATE OF BIHAR &
2. Anant Kumar @ Mithu S/o Chandeshwar Prasad Chaudhary R/o village-
Daryapur Kafen, P.S. Kudhni, District- Muzaffarpur ...Opposite Parties
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2/ 02.02.2011 Heard the parties.
The petitioner seeks quashing of the order dated
13.4.2010 passed by the 7th Additional Sessions Judge, Muzaffarpur,
in Sessions Trial No.483 of 2009, by which the petitioner’s
application under sections 227 and 228 of the Code of Criminal
Procedure has been rejected.
Learned counsel for the petitioner submits that the
charge against the petitioner should have been viewed on the basis
of the decision reported in (2006) 8 SCC 560 (Tarkeshwar Sahu Vs.
The State of Bihar).
In my view, the trial court is always at liberty to amend
the charge subsequently during trial if the evidence forthcoming so
warrants. Therefore, I see no justification to interfere with the order
impugned.
The application is dismissed.
JA/- ( Anjana Prakash,J.)