It is significant to mention that the aforesaid decision has been relied on by the petitioner but it is evident from paragraph 6 of the judgment that section 216 of the Code of Criminal Procedure is an enabling provision for the Court to exercise its power under certain contingencies which comes to its notice or brought to its notice. In the case in hand, the error or omission in framing the charge was brought to the notice of the trial court by the defacto complainant and accordingly the charge was altered upon perusal of the material which was overlooked.

By virtue of Section 216 of the Code of Criminal Procedure the Court is vested with the power to alter or add to any charge at any time before judgment is pronounced. In view of the specific provision in the Code of Criminal Procedure under section 216 the bar under section 362 Cr.P.C. is not applicable in the case of alteration of charge by the Court.