- (1.) This revision petition has been filed against order dated 11.03.2016, passed by the learned Special Judge, SC/ST Act Cases, Merta whereby the learned trial court has dismissed the petitioner's application under Section 216 Cr.P.C. Counsel for the petitioner submits that in the present case FIR has been lodged for offence under Sections 452, 354B IPC & under Section 3(1)(X) of SC/ST Act but the charge-sheet against the accused-respondents was filed for offence under Sections 452, 323 IPC & under Section 3(1)(X) of SC/ST Act. Looking to the totality of the material evidence available on record, it clearly goes to show that the accused-respondents have committed the offence under Section 354B IPC. The petitioner moved an application under Section 216 Cr.P.C. for amendment of charge framed against the accused-respondents but the trial court dismissed the said application.
(2.) Learned Public Prosecutor submits that the charge-sheet was filed on the basis of evidence collected during investigation and earlier the application under Section 319 Cr.P.C. filed by the petitioner was dismissed as not pressed.
(3.) I have heard the counsel for the parties and perused the impugned order as also gone through the material available on record.;