In Brief
A husband's appeal challenged the addition of a criminal breach of trust charge (Section 406 IPC) in a dowry harassment case filed by his wife. The Magistrate had initially framed charges under Sections 498A and 323 IPC but added Section 406 after the wife's application highlighted allegations of stridhan misappropriation in her Section 161 statement. The High Court upheld the addition. The Supreme Court held that Section 216 CrPC permits courts to alter or add charges before judgment based on materials on record (not only trial evidence), and permitting the informant's application does not constitute improper private prosecution. The court may act suo motu or on notice of defects. With prima facie satisfaction based on stridhan allegations, the Magistrate correctly added the charge against the husband but correctly excluded the mother-in-law who was not charge-sheeted. Appeal dismissed.
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