Mohd. Yunus vs State Of U.P. And Another
2024 Latest Caselaw 6279 ALL

Allahabad High Court

Mohd. Yunus vs State Of U.P. And Another on 1 March, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:37656
 
Court No. - 85
 

 
Case :- CRIMINAL APPEAL No. - 1187 of 2023
 

 
Appellant :- Mohd. Yunus
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Mohammad Shahrum Khan
 
Counsel for Respondent :- G.A.,Manoj Kumar
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

Heard Sri Mohammad Shahrum Khan, learned counsel for the appellant, Sri Manoj Kumar, learned counsel for the opposite party No. 2 and learned A.G.A. for the State.

This criminal appeal has been preferred under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 12.01.2023 passed by learned Special Judge, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, Kanpur Nagar in Session Trial No.157 of 2017 (State vs. Mohd. Yunus), arising out of Case Crime No.607 of 2015, under Sections 406, 420, 504 IPC and Section 3(1)(X) of S.C./S.T. Act, Police Station-Kotwali, District-Kanpur Nagar whereby the the application moved by the appellant under Section 216 and 227 Cr.P.C. has been rejected.

The main submission of learned counsel for the appellant is that the trial Court without application of mind, rejected the application moved by the appellant under Section 216 and 227 Cr.P.C. for alteration and addition of charges as well as discharge application.

Per contra, learned counsel for the opposite party No. 2 states that there is no illegality or irregularity in the impugned order which requires any interference by this Court. The impugned has been passed in accordance with law. According to the observation by the Apex Court in the case of P. Kartikalakshmi vs. Sri Ganesh, (2017) 3 SCC 347, wherein it has been categorically held that "section 216 Cr.P.C., 1973 empowers the Court to alter or add any charge at any time before the judgment is pronounced. It is now well settled that the power vested in the Court 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."

Apart from it, it has also been informed that in the instant matter, charges have already been framed against the appellant on 01.09.2017 and the trial is proceeding.

In view of the above facts and circumstances and having heard learned counsels for the parties and after perusal of record, this Court does not find any illegality in the order impugned, and therefore, no interference is required by this Court.

Hence, the criminal appeal is dismissed.

Order Date :- 1.3.2024

Monika