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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANIL KUMAR-X
Siraj Ali Alias Babu – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. initial charges and subsequent application under section 216 cr.p.c. (Para 2 , 4 , 5) |
| 2. arguments against the legality of charge alteration. (Para 3 , 7) |
| 3. court's interpretation of section 216 cr.p.c. and its discretionary power. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. conclusion affirming the legality of the trial court's decision. (Para 18 , 19) |
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 fur
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....
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 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 ....
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.
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....
(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 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.
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 wide power of the court under Section 216 Cr.P.C. to alter charges at any stage before judgment and the duty of the public prosecutor to apprise the court of any defect in framing charges.
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....
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