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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2660 of 2026 Court No. - 86 HON'BLE SUBHASH CHANDRA SHARMA, J.
1. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
2. The present criminal revision has been filed by the revisionist against the
judgment and order dated 23.02.2026 passed by Additional District & Session Judge/Special Judge, (POCSO Act), Bijnor in Session Case No. 859 of 2026 (State Versus Mehboob Alam) arising out of Case Crime No. 10 of 2026 under Section 74, 351(3) B.N.S. and Section 8 POCSO Act, Police Station Noorpur, District Bijnor whereby the charge has been framed against the revisionist.
3. It is argued by the learned counsel for the revisionist that in this case discharge application was dismissed by the learned trial court and charge was framed vide order dated 23.02.2026. He also submitted that learned trial court has committed error in passing the order in question dated 23.02.2026 by which he has framed formal charges against the revisionist. He further submitted that the order being illegal and inappropriate, is liable to be set aside and allow the revision.
4. Learned A.G.A. opposed the prayer as aforesaid and contended that by
order dated 23.02.2026 the learned trial court has framed the charges. A charge once framed, cannot be deleted, though the power under Section 239 B.N.S.S.(216 Cr.P.C.) vests in the Court to alter the charge at any stage before judgment. There is no illegality in framing of the formal charges by the learned trial court. Versus Counsel for Revisionist(s) : Umair Mahmood, Vivek Pandey Counsel for Opposite Party(s) : G.A. Mehboob Alam .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s)
5. On considering the submission made by the learned counsel for the revisionist, learned A.G.A. for the State, perusal of record, it transpires that by order dated 23.02.2026, learned trial court has framed the charges formally against the revisionist under Section 74, 351(3) B.N.S. and Section 8 POCSO Act. A charge once framed, cannot be deleted, but it is subject to alteration or addition by the learned trial court while exercising power under Section 239 B.N.S.S. (216 Cr.P.C.) Therefore, there appears no illegality or impropriety in framing of formal charges on 23.02.2026 by the learned trial court, but this revision being devoid of merit, is dismissed. April 23, 2026 T.S.
CRLR No. 2660 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad