appellant under Section 6 of
POCSO Act is concerned, the charge has been amended without
compliance of Section 217 Cr.P.C. Section 217 CrPC ... Court may think
to be material."
10. Compliance of Section 217 CrPC is mandatory and conviction
under Section 6 of POCSO
alleged offences under Sections 498(A) , 420 , 494 , 109 , 120(B) of I.P.C,
offence under Section 493 of I.P.C, was added ... CRL RC(MD). No.1550 of 2025
altered, opportunity must be given under Section 217
of the CrPC, both to the Prosecution
against him under section 325 IPC. Resultantly it can be
safely concluded that the addition of charge under Section 325 IPC
has not caught ... that this was a relevant
consideration under Section 216 Cr.P.C. and not under Section 217
Cr.P.C. But still the conclusion arrived
under Section 228 Cr.P.C.
At this stage the remedy available to the accused is to ask for
discharge under Section 227 ... Section
216 Cr.P.C. The only legal requirement is that a witness has to be
recalled as provided under Section 217
West Bengal Municipal Corporation Act, 2006
WEST BENGAL
India
West Bengal Municipal Corporation Act, 2006
offences
punishable under Sections 447 and 504 IPC, for want of framing of
charges under any other section of IPC .
14. It is a matter ... prior to the conclusion of the trial.
Section 216 of the Code of Criminal Procedure, 1973 (hereinafter
called ‘ Cr.P.C .’) empowers the trial Court
borne in mind in terms of Section 217 Criminal Procedure Code whenever a charge is altered or added to by the Court after the commencement ... appellant in assertion of his statutory right under Section 217 , Criminal Procedure Code ought to have allowed; that is especially so considering the gravity
2018 and 9/1/2018 by which the
applications u/S. 311 & 217 Cr.P.C., filed by the accused represented
10
by Shri ... arguments on 9/1/2018. On 9/1/2018 an application u/S. 217
Cr.P.C. , was moved by the accused seeking amendment
Sessions Court. He has placed reliance upon the provisions of
Section 217 of CrPC to substantiate the arguments. It is further
submitted that ... further argued
that in terms of provisions of Section 217 of CrPC, the Court is having
right to ask for recalling
P.K.M.Selvam vs State Through on 20 August, 2015
Author: C.T.Selvam
