ISSUE:
Whether Section 216 CrPC applies to summons trials?
Whether the Additional Chief Judicial Magistrate (Railways), Jodhpur, was competent to direct a retrial?
Whether the amendment of the accusation was legally justified under Section 216 CrPC?
RULE:
Section 216 CrPC applies to all trials, including summons trials, as its purpose is to ensure the accused is fully informed of the accusation. The absence of a formal charge in summons trials does not bar the magistrate from altering the accusation to correct defects. The classification of trials in CrPC exists for procedural efficiency but does not limit the court’s power to amend the charge when necessary to ensure a fair trial.
A retrial nullifies prior proceedings, requiring fresh evidence and re-examination of witnesses. It is not to be ordered unless authorized by law. Section 217 CrPC provides for recalling witnesses in case of charge alteration but does not permit a fresh trial. The magistrate had no authority to direct retrial, as it would amount to giving the prosecution an opportunity to fill gaps in evidence, which is impermissible.
The accusation must correctly reflect the offense to ensure a fair trial. If an incorrect section is applied, the court has the power to amend it under Section 216 CrPC. In this case, the charge should have been under Section 225A IPC instead of Section 225 IPC. The amendment was necessary and within the magistrate’s power, but ordering a retrial was not justified.