SMT.GAYATRI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 7 OTHERS
A482/4940/2025 · 2025-06-17
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145837 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145837 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35734 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4940 of 2025 Applicant :- Smt.Gayatri Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 7 Others Counsel for Applicant :- Gargi Prakash Misra,Sunita Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. Heard learned counsel for the applicant and learned A.G.A.
Learned counsel for the applicant submitted complaint case was filed by the applicant and after registering of the said case statement under section 200/202 CrPC was recorded by the learned Court below and the court below issued summoning order for the offence under sections – 323, 427, 504, 506 IPC. He further submitted after considering her statement under Section 200 CrPC offence under Section 452 and 354 B IPC was also made out but the accused has not been summoned for the said offences and thereafter revision was filed which was rejected by the learned revisional Court, therefore, kind indulgence of this Court is necessary. Learned A.G.A. has vehemently opposed the prayer of the applicant and submitted charge can be altered at any stage during the course of the trial, therefore, there is no illegality in the order passed by the learned Court below. As in case during the court of the trial sufficient material is found then the charge can be altered by the learned Court below, therefore, there is no illegality in the order passed by the learned Court below. Considering the submissions of the learned counsel for the parties and going through the contents of the impugned order as well as statement recorded under sections 200 and 202 CrPC it is well settled that the charge can be altered at any stage on the basis of the material available on record before the trial court, therefore, there is no illegality in the order passed by the learned court below as has already been held by the Hon'ble Apex Court in the case of P. Kartik Laxmi vs. Sri Ganesh and Another reported in (2017) 3 SCC 347 that the charge can be altered at any stage on the basis of material available before the learned trial court. Accordingly, application is misconceived and the same is hereby dismissed.
Order Date :- 17.6.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench