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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SHREE PRAKASH SINGH
Sanoj Kumar Yadav – Appellant
Versus
Versus State Of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3 , 4 , 5) |
| 2. criteria for framing charges. (Para 10 , 18) |
| 3. court's power to alter charges. (Para 11 , 12 , 13 , 14 , 15) |
| 4. conclusion and dismissal of application. (Para 19 , 20 , 21) |
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 applic
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.
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....
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.
(1) Alteration of charge – At the stage of exercising jurisdiction under Section 216 Cr.P.C., trial court must satisfy : itself that there exists convincing material and grounds to alter existing cha....
The court clarified that the power to alter or add charges under Section 216 Cr.P.C. is solely within the discretion of the court, ensuring that the rights of the accused are protected and the trial ....
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 trial court has the power to alter charges at any stage before judgment based on convincing material and grounds, without prejudicing the accused.
A court can alter charges prior to judgment if supported by sufficient evidence without causing prejudice to the accused.
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.
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