The Supreme Court on 20.08.2018 in State of Haryana v Rajesh Aggarwal & Anr observed that the Sessions Judge has ample power to alter/amend/add any charge by taking recourse to powers under Section 216 of the Cr.P.C. notwithstanding the High Court altering the charge at this stage.
The appeal has been instituted against the order and judgment of the High Court of Punjab and Haryana by the State of Haryana, where the Court had permitted the petition of the respondents by partly altering the charges of murder to that of punishment as a result of causing death due to negligence under the Indian Penal Code.
The facts of the case being that there exists a company named “M/s Kee Pharma Private Limited” at Gurugram dealing with manufacturing of chemical drug business in their own factory. As such that the concerned respondents being the shareholders or Directors were to be responsible for the regular states of affairs and working process of the Company. An unfortunate incident occurred when a blast took place in the factory during the working hours as a result of which seven workers present inside the factory had lost their lives due to stampeding leading to registering of a First Information Report where the respondents were made responsible for committing an offence of murder under the Indian Penal Code.
The legality of the Fir was questioned by the respondents by filing a petition before the High Court of Punjab and Haryana in order to seek for quashing it. The Court partly allowed the petition which made the State file the present appeal by special leave in the Apex Court. .
The mooted issue raised was whether the partly permitting of the petition and altering the charges from murder to negligence justified?
After hearing contentions from both the parties, the Supreme Court held that the appeal lacked in merit while further directing the Sessions Judge to complete the trial according to law which is based upon merits within a year from the order date .The Court further made an observation based on the evidence cited by the prosecution depending upon the
evidence adduced by the prosecution, the Sessions Judge has ample power to alter/amend/add any charge by taking recourse to powers under Section 216 of the Cr.P.C. notwithstanding the High Court altering the charge at this stage.
Hence, the Apex Court dismissed the appeal and recalled for the order which granted interim stay.
Read Judgment:
[embeddoc url=”https://www.sci.gov.in/supremecourt/2007/9709/9709_2007_Judgement_20-Aug-2018.pdf” download=”all”]
