charge under Section 403 IPC
on 07.04.2015.
5. After the fresh charge was framed, the petitioner filed an
application under Section 217 ... charge under Section 403
IPC was framed on 07.04.2015, it became mandatory for the trial court to
consider the requirement under Section 217
present application filed under Section 482 of the
Code of Criminal procedure, 1973, the petitioner seeks quashment of
the order dated 27.08.2021 passed by Special ... these survey numbers could not be written in the charge.
10. Section 217 Cr.P.C. deals with recall of witnesses when the
charge
bring the additional evidence. Accused persons
filed an application under section 217 Cr.P.C. for summoning the complainant
Sandhya and her brother Deepak ... rejected the application filed by the respondent-accused
persons under section 217 Cr.P.C. for summoning the complainant and another
witness-Deepak. The order
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
held as under :
16. Section 216 appears in Chapter XVII CrPC . Under the
provisions of Section 216, the court is authorised to alter ... mitigate the
prejudice likely to be caused to the accused. Section 217 CrPC
deals with recalling of witnesses when the charge is altered
2013 by which the application preferred under
Sec.217 of the Code of Criminal Procedure, 1973 to recall the
witnesses has been rejected ... preferred on behalf of
the accused under Sec.217 of the Code of Criminal
Procedure and a prayer was made for recalling all the
witnesses
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
IPC.
8. It is the submission of learned counsel for the petitioner that
without following the procedure under Sections 216 and 217 of
... nature of
allegation for last 49 years, therefore, unless provisions of Sections
216 / 217 Cr.P.C. are not ensured, no remand order would
