HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37949 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Pandey Balkrishna, learned counsel for the applicant and Mr. V.P. Singh, learned A.G.A. for the State. 2. The present application has been filed with prayer to quash the order dated 01.09.2025 as well as the entire proceedings of Session Trial No.- 1877 of 2024 (State Vs. Subhash Patel) arising out of Case Crime No.02 of 2024, under Sections 376, 504, 506 IPC, P.S- Keedganj, District- Prayagraj. 3. It is contended by the learned counsel for the applicant that an application was filed before the trial court to alter the charge by adding under Section 376(2)(n), 420, 509 IPC but the same has been rejected by the trial court on the ground that the testimony of the victim is yet to be completed. Learned counsel for the applicant has placed reliance upon the judgement of Hon'ble Supreme Court in the case of Directorate of Revenue Intelligence Vs. Raj Kumar Arora and others 2025 INSC 489, in which the Hon'ble Supreme Court has given some directions regarding the parameter to be completed by the Court while dealing with the Section 216 Cr.P.C. at page 88 of the said judgement. 4. Per contra, learned AGA submits that the question of alteration of charge can be considered by the trial court at any of the proceeding and it is open to the applicant to again move an application before the trial court at appropriate stage. 5. In view of the above, the present application is disposed of with a direction to the trial court to consider the application under Section 216 Versus Counsel for Applicant(s) : Pandey Balkrishna, Pawan Dev Pandey Counsel for Opposite Party(s) : G.A. Priyanka Verma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Cr.P.C. of the applicant in accordance with the judgment of Hon'ble Supreme Court in the case of Directorate of Revenue Intelligence (supra) at appropriate stage. September 26, 2025 Sanjeet NA528 No. 37949 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad