Charge alteration under CrPC cannot delete an existing charge and substitute a different one before judgment.

Section 216 CrPC permits a court to alter or add to a charge before judgment, but it does not permit deletion of an existing charge and substitution with a different one. A request cast as an alteration cannot be used to strike out a charge already framed, including a charge under Section 307/34 IPC, and replace it with Section 324/34 IPC. Section 224 CrPC was inapplicable because it concerns withdrawal of remaining charges after conviction, not deletion at the pre-judgment stage. The application seeking deletion and substitution of the charge was therefore not maintainable and was rejected.

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Issues: Whether the charge under Section 307/34 of the Indian Penal Code could be deleted and substituted by a charge under Section 324/34 of the Indian Penal Code under Section 216 of the Code of Criminal Procedure, 1973.

Analysis: Section 216 empowers the Court to alter or add to a charge before judgment, but it does not authorise deletion of an existing charge. A request framed as alteration cannot be used to strike out a charge already framed and replace it with a different one. The reference to Section 224 of the Code of Criminal Procedure, 1973 did not assist the applicants, as that provision relates to withdrawal of remaining charges after conviction and not to deletion of a charge at the pre-judgment stage.

Conclusion: The application for deletion of the charge under Section 307/34 and substitution by Section 324/34 was not maintainable and was rightly rejected.

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