Order.- The point that arises in this revision petition is whether a Sessions Judge has got power to alter or add to the charge framed by the committal Court before the commencement of the trial. What the petitioner did in this case was, he filed an application before the Additional Sessions Judge, Madras, requesting him to alter a charge under section 307, Indian Penal Code, under which the committal was made, to one under section 326, Indian Penal Code. The learned Additional Sessions Judge held that he had no jurisdiction to drop a charge under section 307, Indian Penal Code, and frame a charge under section 326 instead. He cited a case in Keshavlal v. Prabodhchandra1, and also a decision of the Supreme Court in Banwari v. State of U.P.2. As far as I could see there is no reference to either section 226 or section 227, Criminal Procedure Code, in the Supreme Court decision. In the earlier decision a single Judge of the Orissa High Court held that altering a charge under section 307, Indian Penal Code, to one under section 324, Indian Penal Code, would amount to quashing of the earlier charge and that that could be done only by a High Court under section 561, Criminal Procedure Code, and that a Sessions Judge, before the commencement of the trial, could not alter the charge. With great respect I am unable to agree with the wide observations made by the learned Judge of the Orissa High Court. Section 226, Criminal Procedure Code, reads thus: “When any person is committed for trial without a charge, or with an imperfect or erroneous charge, the Court, or, in the case of a High Court, the Clerk of the State may frame a charge or add to or otherwise alter the charge, as the case may be, having regard to the rules contained in this Code as to the form of charges.” Section 227, Criminal Procedure Code, is as follows: — “(1) Any Court may alter or add to any charge at any time before judgment is pronounced or in the case of trials by Jury before the Court of Sessions or High Court, before the verdict of the jury is returned................” In either of these sections there is no basis for making a discrimination between the charges framed before the commencement of the trial and after the commencement of the trial. The charges are normally framed by the Sessions Court before the trial begins. If it is brought to the notice of the Sessions Court that the charges are erroneously framed not warranted by the facts of the case or the charges are imperfect, the Sessions Judge could satisfy himself, in those circumstances, from the records and other materials available, whether there is a case for altering or adding to the charge. It is very clear from both the provisions mentioned above that a Sessions Judge cannot altogether omit a charge which has been framed by the ccmmittal Court and on which the trial has to take place. The Sessions Judge in such a case must proceed with the charge and ultimately may acquit if the charge could not be sustained. There cannot be any objection at all on the same set of facts to alter the charge under section 307 to an allied charge or to an inferior charge, if the records warrant any such alteration. It will not amount to an omission. A Division Bench of this Court in In re, Subburathnam1, in dealing with the scope of sections 226 and 227, Criminal Procedure Code, observed in the following words with which I am bound and respectfully agree: "A trial Judge at Sessions is not bound by the charges framed in the commit-ting Court and he has ample power to revise and alter them not only at the commencement of the trial under section 226, Criminal Procedure Code, but under section 227, Criminal Procedure Code, at any stage of the trial before the verdict of the jury is returned or the opinions of the assessors are recorded." The petition is allowed. The learned Sessions Judge may consider, if necessary, bearing in his mind the principles laid down in this order, whether there is any necessity to alter the charge under section 307 to one under section 326, Indian Penal Code. The petitioner is permitted to file a fresh application and adduce any evidence if he thinks fit in support of the application. V.K.----- Petition allowed.