JUDGMENT :

1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Mr Vivek Kumar Maheshwari, learned counsel for the applicant, Mr Nipun Singh, learned counsel for the opposite party no. 2, Mr R. P. Mishra, learned AGA for the State and perused the material on record.

2. By means of this application, applicant/informant has prayed for setting aside the order dated 20.3.2023 passed by learned District and Sessions Judge, Muzaffar Nagar in S.T. No. 561 of 2004 (State Vs Naresh Tikait), pending in the Court of Addl. Sessions Judge, Court No. 5, Muzaffar Nagar, relating to Case Crime no. 97 of 2003, under Section 302 IPC, P.S. Bhaurakalan, District Muzaffarnagar whereby the application of the applicant under Section 216 Cr.P.C. (paper No. 337 Kha) for amending the charge to the extent of 'place of occurrence' has been rejected

3. Brief facts of the case are that the applicant lodged an FIR in relation to murder of his father, namely, Jagveer Singh, on 7.09.2003 vide Case Crime No. 97 of 2003, under Section 302 IPC, at P.S. Bhaurakalan, District Muzaffarnagar alleging therein that on 6.9.2003, when the informant along with his father and one Ramveer Singh, while going towards thei