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TMI Blog2004 (4) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... r investigation if circumstances so permitted. It would ordinarily be desirable and all the more so in this case, that police should inform the Court and seek formal permission to make further investigation when fresh facts come to light instead of being silent over the matter keeping in view only the need for an early trial since an effective trial for real or actual offences found during course of proper investigation is as much relevant, desirable and necessary as an expeditious disposal of the mater by the Courts. In view of the aforesaid position in law if there is necessity for further investigation the same can certainly be done as prescribed by law. The mere fact that there may be further delay in concluding the trial should not sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in short the 'IPC') and Section 135 of the Bombay Police Act were noted and mentioned by the police officials. But strangely after a few hours of the registration of the FIR wherein the aforesaid offences were mentioned, Sections 395 and 120B were deleted by the prosecuting agency and because of such deletion the accused persons managed to get bail. The prayer in the aforesaid circumstances was for investigation by an independent investigating agency. It was brought to the notice of the High Court that a bare perusal of the statements clearly indicate the applicability of those provisions and commission of such offences, contrary to what has been stated by the prosecuting agency. The High Court noted that specific allegations were m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s obliged to act independently and ensure that the guilty are brought before Court for appropriate offences though it is for the Court ultimately to find whether they are guilty or not. The High Court has failed to notice that the prosecuting agency was showing unusual interest in protecting the accused persons and, therefore, the scope of the complainant moving the trial Court along with the prosecuting agency is a remote possibility. The prosecuting agency in the circumstances cannot expected to be reasonable or co-operate, fairly and just in order to effectively enforce and maintain law and order. The respondents supported the judgment of the High Court stating that no infirmity exists in the view taken by the High Court to warrant inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the charge during trial on the basis of materials brought on record. Section 216 of the Code appearing in Chapter XVII clearly stipulates that any court may alter or add to any charge at any time before judgment is pronounced. Whenever such alteration or addition is made the same is to be read out and informed to the accused. In Kantilal Chandulal Mehta v. State of Maharashtra (AIR 1970 SC 359) it was held that the Code gives ample power to the Courts to alter or amend a charge whether by the Trial Court or by the Appellate Court provided that the accused has not to face a charge for a new offence or is not prejudiced either by keeping him in the dark about the charge or in not giving him a full opportunity of meeting it and putting forwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urse of trial, it may be cured by further investigation if circumstances so permitted. It would ordinarily be desirable and all the more so in this case, that police should inform the Court and seek formal permission to make further investigation when fresh facts come to light instead of being silent over the matter keeping in view only the need for an early trial since an effective trial for real or actual offences found during course of proper investigation is as much relevant, desirable and necessary as an expeditious disposal of the mater by the Courts. In view of the aforesaid position in law if there is necessity for further investigation the same can certainly be done as prescribed by law. The mere fact that there may be further dela ..... X X X X Extracts X X X X X X X X Extracts X X X X
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