#charge alteration

Allahabad HC upheld a trial court's order allowing a second Section 216 CrPC application to add Section 307 IPC, ruling medical evidence of a firearm injury and the victim's statement sufficient prima facie material for pre-judgment charge alteration. The court declined Section 528 BNSS interference, affirming trial courts' discretion to alter charges on credible evidence.

Allahabad High Court quashed a cognizance order where the Magistrate unilaterally altered charges under the Prevention of Corruption Act, violating the principle that charges must mirror the FIR. The ruling reinforces procedural fairness, mandating that trial courts strictly adhere to the charge-sheeted offences at the cognizance stage.

Allahabad High Court clarifies that the power to alter charges under Section 216 CrPC rests exclusively with the court, not the accused. Applications by the accused for charge alteration are procedurally barred and deemed vexatious, reinforcing judicial discretion in trial proceedings.