The court may alter charges under Section 216 of the Cr.P.C. at any time before judgment, emphasizing judicial discretion without allowing parties to claim alterations as a right.

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Heard Mr. Satyendra Kumar Tewari and Mr. Rajesh Pandey, learned counsels for the applicant, Mr. Anirudh Kumar Singh, learned A.G.A.-I, Mr. Sushil Kumar Pandey and Mr. Nirmal Kumar Pandey, learned A.G.A.’s appearing for the State.

2. The instant application filed under section 482 Cr.P.C./528 of the B.N.S.S.,2023, is directed against the order dated 03-07-2025, passed by the learned Sessions Judge, Sultanpur, in Sessions Trial No. 208 of 2024, arising out of Case Crime No. 363 of 2023, under sections 323, 324, 342, 504, 506 readwith section 34 and section 120-B, 307 and 302 of I.P.C. whereby, the learned Sessions Judge has altered the charge u/s 302 I.P.C. to u/s 304 of I.P.C. and u/s 307 I.P.C. to u/s 308 I.P.C., thus the charges are framed under sections 323/34,342/34, 308/34,304/34,504,506,120-B of I.P.C.

3. The briefly stated facts are that the opposite parties no. 2 to 4 had an old enmity with the applicant, therefore, on 20-11-2023, in the morning, when the nephews of applicant namely, Vikas Yadav and Amit Yadav, were going for natural call, the opposite parties no. 2 to 4 tried to crush them by a vehicle namely, Bolero and when, an alarm was raised, the accused persons came out from their vehicle and started beating both the injured, with ‘Lathi-Danda’ and with sharp edged weapons and when the passersby intervened, the opposite parties no. 2 to 4 ran away from the place of occurrence. In the said incident, both the injured persons received serious injuries and they were taken to the hospital at Sultanpur, thereafter, they were referred to Trauma Centre, Lucknow. During the treatment, one of the nephew of the applicant namely, Amit Yadav died on 21-11-2023 and an information regarding his death was given at the police station on 22-11-2023.

4. The first information report bearing Case Crime No. 0363 of 2023, was initially lodged under sections 323, 324, 342, 504 & 506 of I.P.C. at Police Station-Motigarpur, District-Sultanpur and after the death of one of the injured, sections 302 & 307 of I.P.C. were added.

5. The post-mortem report, which was conducted at government hospital,Lucknow, finds mention of five injuries over the body of the deceased. The case was committed for trial before the learned Sessions Judge, Sultanpur and thereafter, an application under section 216 of Cr.P.C. for altering the charges was moved on behalf of the opposite parties no. 2 to 4, on 16-05-2024, whereafter, the applicant filed objection, on 21-05-2024 and the learned trial court vide order dated 17-01-2025, allowed the application under section 216 of Cr.P.C. moved by the accused persons and altered the charges from sections 302 & 307 of I.P.C. to sections 304 & 308 of I.P.C., respectively.

6. Being aggrieved with the order dated 17-01-2025, passed by the learned Sessions Judge, Sultanpur, the applicant moved an application under section 482 Cr.P.C./528 of B.N.S.S.,2023 bearing no. 2533 of 2025, wherein this court passed an order on 18-04-2025. This court vide aforesaid order, quashed the order dated 17.1.2025 and the learned trial court was given liberty to pass appropriate order keeping in view the provisions contained in Section 216 of Cr.P.C., on it’s own instance, and also keeping in view the observations made in the order, after affording opportunity of hearing to all concerned.

7. After the aforesaid order was passed, the applicant again approached the learned trial court while moving an application with order dated 18- 04-2025,wherein the order impugned dated 03-07-2025 is passed by the learned Sessions Judge, Sultanpur.

8. Having at a glace of the order impugned, it is apparent that the learned Sessions Judge, has observed that though the application No. 8-B, unde