// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Criminal Misc. Petition No.714/2009 With S.B. Cr. Misc. Stay Application No.1038/2009 {Om Prakash Vs. State of Rajasthan and Others} Date of Order :: 6th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri S.D. Vyas, Counsel for petitioner Shri Mahipal Bishnoi, PP for the State #### By the Court: This petition, on behalf of complainant, is directed against the impugned order dated 31st March, 2009 passed by the Additional Sessions Judge (Fast Track) No.1, Bikaner in Sessions Case No.43/2007, whereby the application of the petitioner under Section 216, Cr.P.C. to add the charge for the offence under Section 302, I.P.C., has been dismissed. The learned counsel for the petitioner submits that the application under Section 216, Cr.P.C., can be filed at any stage before pronouncement of the judgment, therefore, the case should have been examined on merits. I have considered the submissions of // 2 // learned counsel for the petitioner in the light of reasons assigned by the trial court wherein trial court has mentioned that the case was fixed for final arguments on 24th September, 2008, and since then it is going on for final arguments. One of the accused is behind the bar in the present case. After considering all the facts and circumstances of the case, I am not inclined to interfere with the order passed by the trial court at this stage. However, it is needless to observe that it will be open for the petitioner to argue his case before the trial court and in case the trial court is satisfied that offence under Section 302 IPC is made out then it will be for the trial court to consider the submissions of the complainant-petitioner and alter or add the charge. With the aforesaid observations, the criminal miscellaneous petition is disposed of. In view of this order, the stay application, filed with the main petition, also stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//