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
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
defined under Section 9(f) punishable under
Section 10 of the POCSO Act and rape as contemplated under
Section 376(f) of IPC ... direct re-
summoning of the prosecution witnesses as required under Section
217 of Cr.P.C.
12] Section 217 of Cr.P.C. enables
charge under Section 302 of the
IPC against the accused persons who were charged under
Section 304B of the IPC. Justice T. S. Thakur ... IPC against the accused. The accused are at liberty to
avail the opportunity in accordance with section 217 of
Cr.P.C., if they wish
matter. We are required to take into
consideration the provisions of Section 217 of Cr.P.C.
which prescribes for recall of witnesses when charge ... revn-325-2019.odt
adhere to the procedure contemplated under Section
217(a) of Cr.P.C. by granting an opportunity to
the accused
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
contemplated under Section 7 of
the Act. Further, the present applicant had every scope under Section 217 of
Cr.P.C..
8 The application ... facie made out or not. Section 211
of Cr.P.C. deals with contents of charge and Section 212 of Cr.P.C. deals with
New Delhi Television Limited vs Reserve Bank Of India And 2 Ors on 26 June
time, before judgment is
pronounced and Section 217 of the Code of Criminal Procedure
provides an opportunity to the prosecution and accused to
recall ... application
Exh. 54 under Section 216 of the Code of Criminal Procedure.
Section 216 of the Code of Criminal Procedure prescribes that
any court
under Section 156 [3] of the Code of Criminal
Procedure for the offences punishable under
Sections 166 , 167 , 196 , 201 , 217 ... seeking direction
under Section 156 [3] of the Criminal
Procedure Code for the offences punishable
under Section 166 , 167 , 196 , 201 , 217
