Judgment:
In the High Court of Jharkhand at Ranchi Cr.M.P. No.1345 of 2013 Md. Moin @ Md. Moin Ansari ..... .............Petitioner VERSUS State of Jharkhand .............. …... Opposite Party CORAM: HON’BLE MR.JUSTICE R.R.PRASAD For the Petitioner: M/s.A.Ahmad & S.B.Haque For the State : A.P.P 2.17.9.13. The petitioner is aggrieved by the order dated 19.3.2013 whereby and whereunder additional charge has been framed under Section 365 of the Indian Penal Code by the Additional Sessions Judge, Koderma in S.T. No.34 of 2010. Learned counsel appearing for the petitioner submits that the petitioner and other accused persons were put on trial for facing charges under Sections 376, 313, 354, 379, 406, 420, 323, 448, 504, 506/34 of the Indian Penal Code. After the witnesses were examined, the court on an application filed by the prosecution added one more charge under Section 365, though there has been absolutely no material showing commission of the offence under Section 365 by this petitioner and thereby the court did commit illegality in framing charge under Section 365 of the Indian Penal Penal Code. It does appear that the court having heard and taking into account the evidence of the witnesses has been pleased to frame charge under Section 365/34 of the Indian Penal Code and under the circumstances, I am not inclined to interfere with the order dated 19.3.2013 and hence, this application stands dismissed. However, the plea which has been taken against the petitioner that there has been no material showing commission of the offence under Section 365 of the Indian Penal Code and even if some of the allegation is there that lacks necessary ingredients for constituting offence, shall be available to the petitioner in course of trial. ND/ ( R. R. Prasad, J.)