217 of Cr.P.C. and Section 138 of the Indian
Evidence Act, which reads thus :
Section 217 of Cr.P.C. :
"217. Recall ... indicated under Section 138 of the Indian Evidence Act, 1872.
8. In the present case, Section 217 of Cr.P.C. is also important
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
Htc India Private Limited & Ors vs Link Telecom Private Limited on 3 January, 2023
Section 216 CrPC. The only legal requirement
is that a witness has to be recalled as
provided under Section 217 CrPC ... Section 216 CrPC. The only legal requirement
is that a witness has to be recalled as
provided under Section 217 CrPC
under Section 228 CrPC. At this
stage the remedy available to the accused is to ask for
discharge under Section 227 CrPC ... Section 216 CrPC. The only legal requirement is that a
witness has to be recalled as provided under Section
217 CrPC
framing of charge under that section. It seems
that such omission has occasioned due to typographical
error. However, section 215 Cr.P.C. specifically provides ... shall be read over
6
and explained to the accused while Section 217 Cr.P.C.
speaks of recalling of witnesses when charge is altered
illegal or improper, in the light
of the overarching powers under Section 216 Cr.P.C.
6.In reply, Mr.Venkatesh contended that both Nageswara ... under Section 216
Cr.P.C. to alter or add a charge at any time before the delivery of the final
verdict. Section 217
accord an opportunity in
view of the section 217 of the Criminal Procedure Code to the prosecution as
well as the defence to recall ... into the provisions of section 464 in juxtaposition with provisions of section
216 and 217 of the Criminal Procedure Code, in my opinion, if charge
Court added the charges under Sections 120
(B) , 406 and 420 of IPC. The provision under Section 217 of Cr.P.C
deals with recall ... Trial. It is relevant to extract the
provision of Section 217 of Cr.P.C
"217. Recall of witnesses when charge altered -
Whenever
