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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL SHAHID
Satyam Sharma – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. factual basis for the revision and relevance of section 216 cr.p.c. (Para 2 , 3) |
| 2. legal arguments regarding the maintenance of application under section 216. (Para 4 , 9) |
| 3. affirmation of the court's authority to alter charges. (Para 8 , 12) |
| 4. the court's ruling and final determination of the case. (Para 14 , 15) |
JUDGMENT :
ABDUL SHAHID, J.
1. Heard Sri Ajeet Kumar Madhesia, the learned counsel for revisionist and learned AGA for the State. None is present for opposite party Nos.2 and 3, despite sufficient service.
2. Satyam Sharma, the revisionist, has filed the present criminal revision being aggrieved by the order dated 21.2.2025, passed by Additional District Judge/FTC-II (for trying-cases of crime against women) at Varanasi in Session Case No.1150 of 2021 titled State vs. Satyam Sharma, arising out of Case Crime No.99 of 2021 under Sections 376, 506 IPC and Section 66 of Information Technology Act, 2000, Police Station-Chetganj, District-Varanasi.
3. Learned counsel for the revisionist has submitted that an application under Section 216 Cr.P.C. (12-Ka) has been filed by the complainant of the case, namely, Munna Lal Goswami and seeks the permission that the cha
None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. The provided case law entry for Satyam Sharma appears to be a current criminal revision case, but there is no information suggesting it has been overruled or discredited in subsequent rulings.
[Followed / Neutral Treatment]
The case of Satyam Sharma is described as a criminal revision filed against an order passed by an Additional Court. There is no indication that this case has been overruled or negatively treated; it appears to be an active case or a case still under consideration. It is categorized here as neutral or ongoing, with no judicial treatment pattern specified.
[Uncertain / Ambiguous Treatment]
Since the case law list contains only one case, and there are no references to subsequent treatment, it is impossible to determine whether the case has been followed, distinguished, criticized, or questioned in later judgments. The lack of such information makes its treatment ambiguous.
The treatment status of the case involving Satyam Sharma is unclear because the list provides no details on subsequent judicial treatment, citations, or references to how this case has been considered in later rulings. Without additional context, it remains uncertain whether it has been followed, distinguished, or otherwise treated.
**Source :** Satyam Sharma vs State Of U.P. - Allahabad
The power to alter or add charges under Section 216 Cr.P.C. is exclusively reserved for the court; neither party has the right to petition for such changes.
The main legal point established in the judgment is that the power to alter or add charges under Section 216 of the Cr.P.C. lies exclusively with the court and cannot be exercised at the instance of ....
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....
The court confirmed that the power to alter charges under Section 216 Cr.P.C. resides exclusively with the court, ensuring the judicial process's integrity without granting parties a demandable right....
(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....
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 trial court has the power to alter charges at any stage before judgment based on convincing material and grounds, without prejudicing the accused.
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