view the mandate of the provisions of Section
217 of the Code of Criminal Procedure (in short, ' Cr.P.C .'), the trial Court ... Section 376
and Section 4 of POCSO Act and Karambir, co-accused was also charged
for committing offence under Section 376 IPC. Section 217
under Sections 406 and 409 IPC related to the misappropriation of
property, Section 409 IPC only being an aggravated form of Section 406
IPC. Once ... IPC were missing. Section 217 Cr.P.C. also could not be
resorted to as the present case was one of a remand
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
deliberation with the single motive to prolong the trial.
Sections 216 and 217 of Cr.P.C. read as under:
"216. Court may alter ... Learned counsel for the petitioner submits that a perusal
of Section 217 Cr.P.C. makes it clear that once the application filed
under Section
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
Additional
Sessions Judge, Amristsar, dismissing his application filed under section 216
and 217 of Cr.P.C., seeking amendment of the charge-sheet, has challenged ... have to be re-called in
terms of provisions of section 217 Cr.P.C., which read as follows:
217. Recall of witnesses when charge
charge is amended, the Court, in view of the
provisions of Section 217 Cr.P.C., is required to recall witnesses for
further examination ... reasons to be recorded Court can dispense with the
requirement under Section 217 Cr.P.C. It is also required to be
examined that
accused is facing
trial for offence under Section 302 IPC read with Section 34 IPC. They were
charged for the said offences to which they ... trial court.
It is pertinent to reproduce Sections 216 and 217 of the Code of
Criminal Procedure, which read as under:-
"216.Court
respondents no.1 to 4 under the provisions of Section 217 of the Cr.P.C. for
recalling of witnesses for examination/re-examination, after ... IPC.
Having considered the matter, though of course as regards an offence
punishable under Section 325 of the IPC and one punishable under Section
witness after amendment of charge or not?
6. No doubt Section 216 of the Cr.P.C. provide ample power to
amend the charge-sheet ... legal right to cross-
examination of witness under the provision of Section 217 Cr.P.C. So, the
answer is in affirmative. Therefore, in view
