District, Bangalore and allow the
application filed under Section 216 of the Code of
Criminal Procedure.
-3-
IN CRIMINAL PETITION NO.7247/2014:
BETWEEN ... Code of
Criminal Procedure. in C.C.No.1299/2007 passed by the
1st Addl. Chief Judicial Magistrate, Bangalore Rural
District, Bangalore.
These Criminal Petitions
CRL.P. NO.4758/2018
C/W CRL.P. NO.4756/2018
CRL.P. NO.4757/2018 ... CrPC and sub-sections (2) to (5) of Section 216 CrPC deal
with the procedure to be followed once the court
DATED 22.01.2018,
ALLOWING THE APPLICATION FILED BY RESPONDENT-STATE
UNDER SECTION 216 OF CR.P.C. SEEKING TO FRAME
ADDITIONAL CHARGES FOR THE OFFENCES PUNISHABLE ... IPC.
3. Sri Srinivas B Naik, learned counsel for the
petitioners submits that earlier a similar application was
filed under Section 216 of
wherein the
learned Sessions Judge has exercised the powers under
Section 216 of Cr.P.C. and added an additional charge
against the accused person ... appropriate
order. Therefore, it goes without saying that the Provision
216 of Criminal Procedure Code has given power to the
Courts either to apply
2011 AND ALLOW THE APPLICATION FILED U/S
216 CR.P.C.
THIS CRL.R.P. COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE ... 2011, rejecting the application
filed under Section 216 Cr.P.C. seeking alteration of the
charge narrated in that application, wherein the accused
was charge
more application also came to be filed under Section 216
of Cr.P.C. to add Section 363 of I.P.C. Subsequently, a memo ... fact. Taking
into consideration, the said aspects, application filed under
Section 216 of Cr.P.C. has been allowed, the Court below has
rightly included
Section 149 of IPC.
6. The learned Additional Public Prosecutor has
filed an application on 12.04.2017, under section 216 of
Cr.P.C. for alteration ... IPC. The trial Court
even without hearing other side nor passing any order on the
application under Section 216 of Cr.P.C. has directly
evidence,
application came to be filed by the prosecution u/S 216 of
Cr.P.C. for alteration of the charge to convert the provision ... from Sec. 394 of IPC to Sec.
397 of IPC. Both the Sections read thus:
Sec. 394 of IPC - If any person, in committing
evidence,
application came to be filed by the prosecution u/S 216
of Cr.P.C. for alteration of the charge to convert the
provision ... from Sec. 394
of IPC to Sec. 397 of IPC. Both the Sections read thus:
Sec. 394 of IPC - If any person, in committing
respondent-State. Perused the records.
2. An application filed under Section 216 of
Cr.P.C by the respondent for framing additional charge
against petitioner ... writ petition and
rejecting the application filed by prosecution under
Section 216 Cr.P.C. Per contra learned HCGP would
defend the order.
4. Having
