Whether court can refuse to alter charge on the ground that it will prolong proceeding?

 It is ignoring that, the learned Magistrate refused

to have the petition disposed on merits with a reason that

this Court has prescribed time limit for disposal of the case.

It is not at all a good reasoning and it can no way be

allowed.     The reasoning that altering of charge would

prolong the trial is also erroneous and not sustainable. A

request made by the prosecutor to alter the charge with an

allegation that the charge is not in accordance with the

report of the investigating officer could be dismissed, only if

the allegation is not true. A trial without a proper charge

would only lead to miscarriage of justice.            In such

circumstances, this Court shall not hesitate to interfere in

exercise of the inherent powers vested on this Court under

Sec.482 of the Code of Criminal Procedure, though no

revision is maintainable.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3162 of 2009()
AKBAR.A., PUTHEN VEEDU, NORTH MSM
                   
                        Vs
STATE OF KERALA, REP. BY PUBLIC
                   
The Hon'ble MR. Justice P.S.GOPINATHAN
 Dated :24/11/2009
Citation: 2010CriLJ2555, ILR2010(2)KeralaKER, ILR2010(2)Kerala875, 2010 (1) KHC 738, 2010(1)KLT714

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