The Allahabad High Court has observed that a trial court can entertain a second application seeking alteration or addition of a charge under Section 216 CrPC, even after an earlier application for the same relief was rejected.

A bench of Justice Saurabh Srivastava, however, clarified that the power to entertain such plea is available only before pronouncement of judgment of the trial.

"…whether the second application under section 216 Cr.P.C. is maintainable or not once the first one has already been rejected at the initial stage? The same shall be dependent upon the stage since the power vests with the learned court concerned while considering the prayer under section 216 Cr.P.C. is available before pronouncement of judgement of concerned trial", the HC observed.

The Court made the observation while dismissing an application filed under Section 528 BNSS challenging a trial court order adding a charge under Section 307 IPC (Attempt to Murder).

The Court said that the trial court's order did not suffer from any illegality or perversity warranting interference.

Briefly put, an FIR was lodged on May 19, 2021, at a Police Station in Basti district. The informant alleged that the accused persons assaulted him with sticks and that one of them fired at him with a firearm. Another person was also allegedly assaulted when he attempted to intervene.

After the investigation, the police filed a charge-sheet, upon which, 5 accused persons, including the applicant, were summoned to face charges under Sections 147, 323, 504 and 506 IPC.

The informant first filed an application under Section 216 CrPC on August 8, 2022, seeking the addition of Section 307 IPC to the case.

The trial court rejected the application in September 2022 observing that it was premature. Charges were subsequently framed on September 22, 2022, and the trial commenced.

However, during the trial, after recording the statements of the informant, another injured witness and the doctor who examined the injured persons, the informant filed another application seeking the addition of Section 307 IPC on March 16, 2023.

This time, the trial court allowed this second application on June 4, 2026, and added the charge.

Challenging this very order, the accused moved the High Court, arguing that the earlier application seeking the same relief had already been rejected and that no new facts or material evidence justified the subsequent addition.

Examining the facts and the material related to the trial, the High Court noted that the doctor had described a firearm injury on the informant's left thigh. The informant had also stated during the trial that he had sustained a firearm injury.

Finding prima facie evidence to support the charge, the Court said that the addition of attempt to murder charge was justified in this case.

It categorically said that Section 216 CrPC empowers a court to alter or add any charge "at any time before judgment is pronounced".

Against this backdrop,Finding no illegality or perversity in the trial court's order, the High Court dismissed the application.