IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Crl.Rev.Pet.No. 4043 of 2009() ------------------------------ CRIME NO.225/2008 of ALATHUR POLICE STATION CRL. M.C. NO. 5765/2009 IN C.C. NO. 210/2008 of JUDICIAL FIRST CLASS MAGISTRATE, ALATHUR REVN. PETITIONER/ACCUSED:- ----------------------------------- NARAYANAN, S/O.KUTTAN, AGED 62 YEARS, PLAKKATTU HOUSE, GANDHI JUNCTION, ALATHUR, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT/COMPLAINANT:- ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, ALATHUR, PALAKKAD. BY ADV. MR. C.S. HRITWIK, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl. R.P No. 4043 of 2009 ---------------------------------------------------- Dated this the 4th day of January, 2010. ORDER The petitioner who is the 1st accused in Crime No. 225 of 2008 of Alathur Police Station stood charge sheeted before the Judicial First Class Magistrate, Alathur for offences punishable under Sections 506(ii), 353 and 324 IPC. The learned Magistrate took cognizance of the said offences and took on file the case as C.C. No. 210 of 2008. Subsequently, a charge was also framed for the aforementioned offences. Thereafter, the Prosecutor in charge of the case filed a petition as C.M.P. No. 5765 of 2009 for altering the charge so as to alter Section 324 to 332 and to add Section 452 IPC. As per the impugned order dated 05.11.2009, the court below has allowed the said application and has ordered to alter the court charge accordingly. It is the said order which is assailed in this revision. 2. Even assuming that the Assistant Public Prosecutor has no right to file a petition seeking alteration of charge, that petition can only be treated as a reminder to the court to apply its mind properly and to rectify any defect in the charge already Crl..R.P. No. 4043/2009 : 2 : framed. The court has always the power to alter the charge at any time before the disposal of the case. Merely because the charge has been altered, it does not mean that the accused has been convicted for the altered charge. Without prejudice to the right of the accused to raise all the defences available to him in law, this revision is dismissed. Dated this the 4th day of January, 2010. V. RAMKUMAR, JUDGE. rv Crl..R.P. No. 4043/2009 : 3 :