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SAURABH LAVANIA
Suresh Kumar Shukla @ Suresh Dutt Shukla – Appellant
Versus
State of U. P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Heard learned counsel for the applicant and Sri S.P. Tiwari and Sri Ajay Kumar Srivastava, learned counsel appearing for the State of U.P. and perused the record.
2. In view of proposition settled on the issue involved in this case as also the fact that two witnesses of prosecution have already been examined before the trial Court namely Arun Kumar/PW-1 and Dileep Kumar Tiwari/PW-2, notice to opposite party No.2 is dispensed with.
3. Present application has been filed by the applicant challenging the order dated 01.06.2024, whereby the Additional District and Session Judge, Court No.03, Gonda, (in short "trial Court"), deleted/changed the charge under Section 306 IPC, framed on 11.05.2023 and framed the charge under Section 302 IPC. Relevant portion of the order dated 01.06.2024 is extracted hereinunder:-
^^vfHk;kstu dk çkFkZuk i= 23 [k vUrxZr /kkjk&216 naåçålaå Lohdkj fd;k tkrk gS vkSj /kkjk&306 Hkkånålaå dk vkjksi foyksfir dj /kkjk&302 Hkkånaålaå dk vkjksi fojfpr fd;k tkuk U;k;ksfpr gSA vfHk;qDr /kkjk&302 Hkkånaålaå ds vkjksi fopj.k gsrq fnukad&10-06-2024 dks mifLFkr gksA**
4. A perusal of order dated 01.06.2024, quoted above, indicates that based upon
The trial Court can alter charges under Section 216 CrPC, and such alteration does not equate to deletion, allowing the trial to proceed under the new charge.
The power to alter the charge under Section 216 Cr.P.C. is exclusive to the Court and can be exercised at any time before the judgment is pronounced. The alteration must be founded on material availa....
The High Court's revisional jurisdiction limits intervention in Trial Court decisions unless there is a clear error or injustice, especially regarding the framing of charges under the Criminal Proced....
Alteration of charge – Merely for reason that Trial Court while passing order on application filed by respondent under Section 227 of Cr.P.C had made observation that there was no sufficient material....
The power to alter or add any charge is exclusive to the Court and there is no right in any party to seek for such addition or alteration by filing any application as a matter of right.
Alteration of charge – Jurisdiction of Section 216 Cr.P.C. cannot be exercised on application made by any of parties but on its own satisfaction.
A court can alter charges prior to judgment if supported by sufficient evidence without causing prejudice to the accused.
The court has exclusive authority under Section 216(4) to order a re-trial or alteration of charges, ensuring fairness to both parties and allowing all evidence to remain on record for consideration.
The main legal point established in the judgment is that the trial court has the comprehensive and unrestrained power to alter or add charges at any time before judgment is pronounced, as provided un....
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