Neutral Citation No. - 2025:AHC:13315 HIGH COURT OF JUDICATURE AT ALLAHABAD Application U/S 482 No. 29715 of 2024 Imran & others … Applicants versus State of U.P. & others … Opposite Parties JUDGMENT HON’BLE SANJAY KUMAR PACHORI, J 1. Heard, Sri Rajrshi Gupta, learned counsel for the applicants, Sri Sunil Vashisth, learned counsel for the private opposite party no. 2 and Sri Kamleshwar Singh, learned A.G.A. for the State for the State and perused the record. 2. Present application under Section 482 of Cr.P.C. has been filed to quash the order dated 09.08.2024 passed by Additional Sessions Judge, Court No. 1, Meerut in Criminal Revision No. 226 of 2024 (Imran and others vs. State of U.P. and others), whereby the revisional court affirmed the order dated 09.02.2024, whereby the cognizance order has been passed in adding offences. 3. Learned counsel for the applicants submits that the charge sheet has been submitted under Sections 147, 148, 149, 323, 324 IPC but the cognizance order has been passed under Sections 147, 148, 149, 323, 324 IPC, 325, 307 IPC. In support of his submission, learned counsel for the applicants relied upon a judgment of the Apex Court in State of Gujarat Vs. Girish Radhakrishnan Varde (2014) 3 SCC 659, wherein, it has been observed that since the instant case is based on the F.I.R. lodged before the police, the correct stage for addition or subtraction of the sections will have to be determined at the time of framing of charge. Court No. 75 4. Learned counsel for the private opposite party no. 2 fairly submits that he does not want to file counter affidavit. 5. In view of the above, I am of the view that the applicants shall be at liberty to raise all questions relating to additions of the Sections on the basis of the FIR and material collected during investigation at the time of framing of charges by the Trial Court since the matter arises out of a police case based on the FIR registered under Section 154 of Cr.P.C. and not a complaint case lodged before the Magistrate under Section 190 of the Cr.P.C. although the Trial Court was not precluded from modifying the charges by including or excluding the sections at the appropriate stage during trial, it was duty bound in the interest of justice and fairplay to specify in clear terms that the Trial Court would permit and consider the plea of addition of sections at the stage of framing of charge under Section 211 of Cr. P.C. 6. Hence, the present applicant is liable to be allowed and the present application is hereby allowed without entering into merit of the case. The impugned orders dated 09.02.2024/09.08.2024 passed by Judicial Magistrate, Court No. 1, Meerut are quashed with a direction to the Magistrate concerned to pass appropriate cognizance order as per position of law settled in Girish Radhkrishnan Varde (supra). (Sanjay Kumar Pachori, J.) Order Date :- 21.01.2025 MAA/- 2 of 2 Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad