S.R. Krishna Kumar, J
1. In this petition, the petitioner seeks the following reliefs:
Set aside the order dated 10.07.2024 passed by the learned II Additional District and Sessions Judge at Hassan in S.C.No.108/2023
insofar as framing charge no.4 is concerned for the alleged offences punishable under Sections 302 r/w 34 IPC against the petitioner in the
ends of justice.
2. Heard learned counsel for the petitioner, learned High Court Government Pleader for the respondent-State and perused the material on record.
3. After arguing the matter for sometime, the learned counsel for petitioner submits that the petitioner is arraigned as accused no.1 in
S.C.No.108/2023, which is posted before the learned Sessions Judge on 27.01.2025.
4. It is submitted that the petitioner shall make an application under Section 216 Cr.P.C., on 27.01.2025 seeking alteration / modification / amendment
of the charge already framed and before proceeding further, the trial court may be directed to dispose off the said application in accordance with law.
5. The submission is placed on record.
6. The petition stands disposed of reserving liberty to the petitioner to file an application under Section 216 Cr.P.C., before the learned Sessions Court
in S.C.No.108/2023 on 27.01.2025.
7. In the event if the petitioner files such an application, the trial court shall defer all further proceedings including recording of evidence and the Trial
Court in the first instance consider and pass appropriate orders on the said application to be filed by the petitioner and dispose off the same by passing
appropriate orders, in accordance with law and thereafter, proceed further in the matter.
8. Subject to the aforesaid directions and liberty reserved in favour of the petitioner petition stands disposed of.
