with Sec. 302 and Sec. 201 of the I.P.C and hence the
petition filed on behalf of the prosecution u/s 216 ... alter the charges
u/s 304B/302/201/34 I.P.C in place of Sec.
498A/306/201/34 I.P.C.
Dated
with Sec. 302 and Sec. 201 of the I.P.C and hence the
petition filed on behalf of the prosecution u/s 216 ... alter the charges
u/s 304B/302/201/34 I.P.C in place of Sec.
498A/306/201/34 I.P.C.
Dated
with Sec. 302 and Sec. 201 of the I.P.C and hence the
petition filed on behalf of the prosecution u/s 216 ... alter the charges
u/s 304B/302/201/34 I.P.C in place of Sec.
498A/306/201/34 I.P.C.
Dated
accused. We therefore need to look at section 217 of the Code of
Criminal Procedure which deals with the procedure after the charge is
altered ... analogues matters
33. Section 217 of the Code of Criminal Procedure reads as
under:
"Recall of witnesses when charge altered-- Whenever a
charge
dated 31 December 2012 under Sections 306 read
with 34, 217, 218 and 120B of the IPC .
12. The acquittal of the appellant of offences ... Chapter 17 of the CrPC , 1973 deals with “the charge”. Part A comprising of
Sections 211 to 217 is titled “form of charges
three accused by invoking Section 302 read with Section 34 of IPC and exonerating them under Sections 498A and Section 304 B can be said ... made. The learned judge ought to have followed Section 216 and 217 of Criminal Procedure Code 1973 which has not been done. The Apex Court
Apprehending arrest the petitioner filed an application for
anticipatory bail under Section 438 Cr.P.C, being Bail Application
No.444/2020, before the Additional ... filed another application for anticipatory bail
under Section 438 Cr.P.C, being Bail Application No.217 /2021,
which was also dismissed by an order
Madiya Bhuriya under Section 439 of Code of Criminal
Procedure, 1973 for grant of bail in connection with Crime
No.217/2019 registered at Police ... punishable under Sections
363 , 366(A) , 376(2)(i)(n) , 342 / 34 and 376(3) of Indian Penal
Code, 1860 along with Section
CHAITHRA, 1943
Bail Appl..No.2458 OF 2021
CRIME NO.217/2021 OF Hosdurg Police Station , Kasargod
PETITIONER/S:
SHAHANAVAS MADIYAN KUNNU
AGED 38 YEARS ... anticipatory bail under Section 438 of Cr.P.C.
The applicant is the first accused in Crime No.217/2021 of
Hosdurg Police Station, Kasargod
petition under Section 438 Cr.P.C. for the grant of
anticipatory bail to the petitioner in FIR No.217 dated 23.06.2018 under Sections