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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Praveen Pal – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Heard Sri Arun Kumar Singh, learned counsel for the applicant, Sri Deepak Srivastava, learned counsel appearing for the opposite party no. 2 and Sri Mohd. Afzal, learned counsel appearing for the State.
2. Present application under Section 528 B.N.S.S. has been filed for quashing the orders dated 19.5.2025 and 5.4.2023 passed by Additional District and Session Judge / Special Judge (POCSO Act), Court No. 13, Kanpur Dehat in S.T. No. 459 of 2022 (State vs. Praveen Pal) arising out of Case Crime No. 57 of 2022, under Sections 376(3) IPC and Section 3/4(2) of POCSO Act, Police Station Shivli, District Kanpur Dehat.
3. In brief, the facts of the case are that the first information report was lodged by the opposite party no. 2 on 15.2.2022 under Sections 376, 313, 354, 452, 323, 506 IPC and Section 3/4 of POCSO Act. The date of incident was not mentioned in the aforesaid first information report, registered as Case Crime No. 57 of 2022 at Police Station Shivli, District Kanpur Dehat. It is alleged in the first information report that the victim was subjected to rape by the applicant 6-7 years ago. The victim, in the first information report, claimed that
The Court upheld its power under Section 216 of the CrPC to add charges upon prosecution request, emphasizing the trial's necessity and the end of justice.
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 – Charge can be altered even after trial has progressed to a large extent.
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 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 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.
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....
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