The prosecution of a criminal case in which the police has filed charge sheet after conducting investigation is required to be conducted by the public prosecutor on behalf of the State. At the same time, the complainant’s advocate can assist the public prosecutor, though such private advocate (i.e., the complainant’s advocate) cannot take control of the prosecution.
To your limited question, whether you as the complainant, make an application before the Magistrate court for alteration of the charge by including other two sections also, the answer is “yes”. You are basically bringing certain facts to the knowledge of the Magistrate for alteration of the charge. Rest is up to the Magistrate to take action in this regard. So, as complainant, you have this much of the right. In fact, in a similar situation, in the case of Anant Prakash Sinha v. State of Haryana, (2016) 6 SCC 105 : 2016 Cri LJ 1836 : AIR 2016 SC 1197, the Supreme Court observed as under:
“As is evident, an application was filed by the informant to add a charge under Section 406 IPC as there were allegations against the husband about the criminal breach of trust as far as her stridhan is concerned. It was, in a way, bringing to the notice of the learned Magistrate about the defect in framing of the charge. The court could have done it suo motu. In such a situation, we do not find any fault on the part of the learned Magistrate in entertaining the said application. It may be stated that the learned Magistrate has referred to the materials and recorded his prima facie satisfaction. There is no error in the said prima facie view.”
So, it should be possible for you to file such an application.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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