Neutral Citation No. - 2025:AHC:93941 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15518 of 2025 Applicant :- Shyam Yadav Alias Shyamrup Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh,Neeja Srivastava,Sr. Advocate Counsel for Opposite Party :- G.A.,Mukul Yadav Hon'ble Sanjay Kumar Pachori,J. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Kamlesh Kumar Singh, learned counsel for the applicants, Sri Mukul Yadav, learned counsel for the opposite party no.2 and learned AGA for the State. The present application u/s 528 BNSS has been filed with prayer to quash the entire proceedings of S.T. No.70 of 2020, arising out of Case Crime No. 423 of 2019, under Sections 307, 504, 509 IPC, P.S Sikandra Rao, District Hathras as well as impugned order dated 21.04.2025, pending in the Court of Additional Sessions Judge, Court No.3, Hathras, whereby an application under Section 216 Cr.P.C. has been allowed and issue process to the present applicant for framing of charges under Section 307/34 IPC. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances and position of law. It is further submitted that the impugned order has been passed on the application of first informant Subodh Kumar under Section 216 Cr.P.C.. It is further submitted that it is settled position of law that the first informant and either party have no right to file an application to alter the charges under Section 216 Cr.P.C.. Learned counsel for the applicant has relied upon the judgement of Apex Court in the case of P. Kartikalakshmi Vs. Sri Ganesh and another 2014 0 SC 1088. On the other hand, learned AGA as well as learned counsel for the opposite party no.2 have not denied the factual matrix and position of law. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. In this matter, as is evident from the record that impugned order has been passed on the application of first informant Subodh Kumar under Section 216 Cr.P.C. for alter the charge under Section 307/34 IPC. The court concerned after hearing the parties, illegally and arbitrary manner without assigned any reason, allow the present application under Section 216 Cr.P.C. directing the offence to issue summon against the applicant. It is also evident that the court concerned without application of judicial mind alter the charge. Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 528 BNSS stands allowed and the impugned order dated 21.04.2025 passed by the Court of Additional Sessions Judge, Court No.3, Hathras is hereby quashed. At this stage, it is necessary to made clear that the trial court may alter or amend charge at any stage of the trial, if necessary to just decision of the case. Order Date :- 30.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad