court to follow the procedure as provided under Sub Section 4 of Section 216 Cr.P.C. read with Section 217 ... additional charge under Section 302 / 34 IPC, the court has to follow the procedure as provided under Section 217 Cr.P.C., the same reads
learned lower court either in accordance
with Section 216 Cr.P.C. or under Section 217 Cr.P.C. whether trial
has to re-commence ... going through Section 216 Cr.P.C. it is evident that
two sub-sections, sub-section (3) as well as sub-section (4) appear
State of Kerala40 to explain the scope of power
under section 217 Cr.P.C..
51. Learned advocate Chaudhry submits that prejudice suffered by
accused ... accused person in sub section 3 and sub section
4 of section 216 of Cr.P.C. Section 216(3) of
prejudice in any
manner, keeping in view the procedure prescribed under
Sections 216 and 217 Cr.P.C., which empowers the Court either
to direct ... adjourn the trial for such period as may be necessary.
9. Section 217 Cr.P.C., in case of alteration or addition of
charge
terms of Section 216 Cr.P.C.), the process
continues (unless a case of prejudice is made out necessitating "new
Crl.MC 4055/2016 ... charge" [ Section 216(3) Cr.P.C.]. Noticeably,
Section 216 Cr.P.C., which is to be read with Section 217
prosecution took care nor the court on its
own invoked Section 216 , 217 CrPC in order to add the charge.
Section ... proceed afresh after invoking the provisions as
envisaged under Section 216 , 217 of the CrPC. Appellant who
is under custody
charge under
Section 493 IPC was framed by the trial Court against the appellant. Section
464 Cr.P.C. will not save the present situation ... discloses the commission of the offences
under Sections 417 and 376 IPC and not Section 493 IPC. The cross-
examination
stage prior
to the conclusion of the trial. Section 216 of the
Code of Criminal Procedure, 1973 empowers the
trial Court to alter/add charge ... also be given an opportunity to
recall witnesses as required under Section 217
Cr.P.C.
15. In Hasanbhai Valibhai Qureshi vrs. State of
Gujarat
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
offence under Section 304(b) IPC, the Court below ought to have
followed the procedure contemplated under Section 216 of Cr.PC.
However, the Court ... adding the offence under Section 304 of IPC can be done only in
accordance with Section 216 of Cr.PC. Useful reference can be made
