Neutral Citation No. - 2025:AHC:122378 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 26542 of 2025 Applicant :- Kesari Nandan Alias Bittu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mainuddin Ahamad,Mohd. Irfan Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. The present application has been filed by applicants for quashing the order dated 06.01.2023 passed by Additional District & Session Judge, Court No. 1, Mau in Session Trial No. 1047 of 2022 (State Vs. Kesari Nandan @ Bittu & others), arising out of Case Crime No.293 of 2022, under Sections 498-A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station Madhuban, District Mau pending before learned Additional District & Session Judge, Court No.1, Mau in which learned court below framed the charge against applicants under Sections 304B/34, 498A I.P.C. & Section 3/4 D.P. Act and also framed the additional charge under Section 302/34 I.P.C. 3. Learned counsel for applicants submits that by impugned order alternate charge under Section 302 read with Section 34 IPC has been framed against applicants, which is under challenge. Learned counsel for applicants submits that deceased has died out of hanging and as such, charge under Section 302 IPC is not maintainable as an alternate charge. 4. On a query being made to learned counsel for applicants as to how charge under Section 302 IPC would not be maintainable, learned counsel for applicants could not dispute the fact that the court concerned has power to frame alternate charge, however, he submits that in view of the fact that deceased has died out of suicide and as such, Section 302 IPC could not have been made out. 5. Such argument of learned counsel for applicant is a defence raised by the applicant. Charge framing order is only required to frame charge on the basis of material available before court concerned. Applicants have remedy of raising defence with regard to suicide before the court concerned. This Court do not find any merits in the case. 6. Accordingly, the present application 528 BNSS is dismissed. Order Date :- 25.7.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad