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
charges under Section 304 (B) IPC and 302 IPC .
4. In the aforesaid background, the present petitioner filed an
application under Section 217 ... under Section 217 Cr.P.C. as an
application under Section 311 Cr.P.C. whereas a specific application under
Section 217
witnesses, the trial court invoking section 216 CrPC altered
the charge, adding section 304B IPC. While making such order the
learned Judge made ... learned counsel appearing on behalf of the petitioner
referring to section 217 CrPC submitted that the decision of the trial
court is contrary
respondent was for offences punishable under Section 304 of
IPC and not under Section 302 of IPC under which the
respondent was charged ... offence
under Section 468 IPC while refusing to quash for the offences under
Section 471 , 120-B and 201 IPC. In this background, the Court
addition has to be read and explained to the accused.
10. Section 217 Cr.P.C. provides that whenever a charge is altered or added ... witness under Section 311 Cr.P.C. for further cross examine as the order closing the evidence had become final under Section 362
offences
punishable under Sections 447 and 504 IPC, for want of framing of
charges under any other section of IPC .
14. It is a matter ... prior to the conclusion of the trial.
Section 216 of the Code of Criminal Procedure, 1973 (hereinafter
called ‘ Cr.P.C .’) empowers the trial Court
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
Section 216 Cr.P.C. The only legal
requirement is that, in case the trial court exercises its
power under Sections 228 / 251 ... opportunity of show-cause/hearing as
required under the provisions of Section 217 Cr.P.C. [Vide:
Umesh Kumar vs. State
review but Section 216 Cr.P.C is in the
nature of an exception to that general principle. Section 216 & 217 ... adjourn the trial for such period as
may be necessary. Section 217 Cr.P.C. permits the prosecutor and the
accused to recall
Section 302 IPC or 302/34 IPC
to that under Section 304 Part-1 IPC and 304 Part-I IPC read with
Section 34 IPC ... provision of
Section 216 Cr.P.C. and the only requirement is to meet the provisions
of Section 217 Cr.P.C.. More so, this
