Allahabad High Court
MEHBOOB ALAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The trial court did not commit any illegality in framing the charges, and the revision is dismissed.
Summary
Mehboob Alam filed a criminal revision challenging the order dated 23‑02‑2026 of the Additional District & Session Judge (Special Judge, POCSO Act) which formally framed charges against him under Section 74, Section 351(3) of the B.N.S. Act and Section 8 of the POCSO Act. The revisionist argued that the trial court erred in framing the charges and that the order was illegal and should be set aside. The State contended that once charges are framed they cannot be deleted, though they may be altered under Section 239 of the Criminal Procedure Code, and that there was no illegality. The High Court examined the record and held that the trial court correctly exercised its power to frame charges and that no impropriety existed. Consequently, the revision was dismissed as being without merit.
Issues considered
- Whether the trial court erred in formally framing charges against the revisionist under the B.N.S. Act and the POCSO Act.
- Whether a charge once framed can be deleted or must only be altered under Section 239 of the Criminal Procedure Code.
Legislation cited
- B.N.S. Act — s. 351(3), 74
- Code of Criminal Procedure, 1973 — s. 239
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- criminal revision
- charge framing
- POCSO Act
- Section 239 CrPC
- discharge application
- appeal jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 2660 of 2026
Mehboob Alam
.....Revisionist(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Umair Mahmood, Vivek Pandey
Counsel for Opposite Party(s) : G.A.
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.
CRLR No. 2660 of 2026
2
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.
(Subhash Chandra Sharma,J.)
April 23, 2026
T.S.
Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad
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