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2026 Supreme(All) 25

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANIL KUMAR-X
Siraj Ali Alias Babu – Appellant
Versus
State of U.P. – Respondent


Advocates Appeared:
For the Appellants : Irfan Chaudhary, Srijan Pandey

JUDGMENT :

ANIL KUMAR-X, J.

1. Heard Sri Srijan Pandey, learned counsel for the appellant and Sri R.K. Singh, learned AGA for the State.

2. This criminal appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant against the order dated 18.11.2025 passed by the learned Additional Sessions Judge, Court No.2/Special Court (SC/ST Act), Farrukhabad, allowing the application u/s 216 Cr.P.C. preferred on behalf of the State in Special Sessions Trial No.44 of 2016 arising out of Case Crime No.436 of 2013, at Police Station Kayamganj, District Farrukhabad.

3. Learned counsel for the appellant has submitted that the order of the learned Trial Court in allowing the application under Section 216 Cr.P.C. filed by the prosecution is illegal. He further submitted that the Hon'ble Supreme Court in P. Kartikalakshmi Vs. Ganesh and Ors. (2017) 3 SCC 347 held that no party, neither the de facto complainant nor the accused or, for that matter, the prosecution, has any vested right to seek any addition or alteration of charge, because it is not provided under Section 216 of the Code of Criminal Procedure. The Hon'ble

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