Krishan Mohan Agrawal Vs. State of M.P.
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 216 - Court may alter charge
Section 420 - Cheating and dishonestly inducing delivery of property
Section 409 - Criminal breach of trust by public servant, or by banker, merchant or agent
Madhya Pradesh High Court (Single Judge)
Criminal Revision, 692 of 2017, Judgment Date: Aug 24, 2017
Law Laid Down -
Framing of charge precisely mentioning the offence which in specific terms prescribes punishment for the same and not any other generic or approximate offence which may in generic terms prescribe punishment for the offence alleged. Charge framed u/S 409 IPC does not relate to breach of trust by a warehouse keeper, which offence is exclusively punishable u/s 407 IPC. Thus, charge for breach of trust by warehouse keeper framed u/S 409 IPC is not sustainable. The trial Court directed to frame the charge u/S 407 IPC instead.
Krishan Mohan Agrawal Vs. State of M.P.