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Judgment
Alok Kumar Verma, J
An Application under Section 216 of the Code of Criminal Procedure, 1973 (in short, “Code”) was filed by the present applicant – informant before the Trial Court to frame additional charges under Sections 409, 471 and Section 120 B of the Indian Penal Code, 1860 (in short, “IPC”). The said Application has been dismissed vide impugned order dated 19.04.2022, passed by learned Chief Judicial Magistrate, Dehradun in Criminal Case No.1213 of 2015 on the ground that the said application is not maintainable because the informant has no right to file an application under Section 216 of the Code.
In the said Criminal Case No.1213 of 2015, charges have been framed against the accused persons under Sections 420, 467 and Section 468 IPC. Prosecution evidence has been concluded. Statements of the accused persons have been recorded under Section 313 of the Code.
Heard Mr. Chetan Joshi, learned counsel for the applicant, Mr. M.K. Chand, learned AGA for the State and Mr. Aditya Singh, learned counsel for the respondent nos.2 and 3.
Both the parties have requested to decide the present Application, filed under Section 482 of the Code, directing the concerned court to decide whether any other offence is made out or not after considering all the evidence available on the record.
With the consent of learned counsel for both the parties, the present matter is disposed of by directing the learned Trial Court to consider whether any other offence is made out or not after considering all the evidence available on record in accordance with law. Needless to say, the learned Trial Court shall pass speaking and reasoned order.