dated 17.02.2014, amongst others for offence alleged under Section 302 IPC read with Section 120-B IPC, however, by the subsequent order dated 30.07.2018, after ... distinct from rights arising under section 311 Cr.P.C. and section 319 Cr.P.C. While section 311 Cr.P.C. applies
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
2018 and 9/1/2018 by which the
applications u/S. 311 & 217 Cr.P.C., filed by the accused represented
10
by Shri ... arguments on 9/1/2018. On 9/1/2018 an application u/S. 217
Cr.P.C. , was moved by the accused seeking amendment
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
matter would
fall within the purview of Sections 221(1) and (2) of
the Code of Criminal Procedure , 1973."
24. In Bhimanna vs. State ... 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
Court to frame a charge under Section 302 I.P.C., read
with Section 34 I.P.C., against A.2 to A.4, they ... Bihar [(1995) 4 SCC 392], the
Supreme Court, while dealing with Section 217 Cr.P.C., has held as follows:
“23. ... In the instant case
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
challenging the legality in following such
procedural, it is necessary for us to go through
Section 217 of Cr.P.C regarding addition/alteration ... fair trial and fair procedure was adopted by
the court below in recording the proceedings under
Section 217 of Cr.P.C. and also goes
framing of charge under that section. It seems
that such omission has occasioned due to typographical
error. However, section 215 Cr.P.C. specifically provides ... shall be read over
6
and explained to the accused while Section 217 Cr.P.C.
speaks of recalling of witnesses when charge is altered
cross-examine the witnesses including the
victim as provided under Section 217 Cr.P.C.
4. The learned Additional Public Prosecutor while
controverting the submission ... whether it
is a fit case wherein application of section 217 Cr.P.C. would be
warranted after addition of the charge. Bail bond
