allowing an application preferred by
prosecution u/Sec. 216 Cr.P.c. thereby altering charge to Sec ... Sec. 216 Cr.P.C . for alteration/addition of charge. The petitioner
herein filed reply to the said application. The said application u/Sec.
216
P.C.No.4/2004 before the trial Court under
Section 200 Cr.P.C., alleging offence punishable under Section 138
CRL.P.No.101614 ... those two IAs filed under
Sections 190 Cr.P.C. and 216 Cr.P.C . has allowed both the I.As., I
do not find
216 Cr.P.C in Crl.MP.No.7691 of 2019 before the IX
http://www.judis.nic.in
2 of 10
Crl.O.P ... approver under Section 307 Cr.P.C before the
http://www.judis.nic.in
5 of 10
Crl.O.P.No.14261 of 2020
Trial
216 and 245 Cr.P.C. to alter the charge
and discharge him. The learned Magistrate
dismissed the same. Hence this Crl.M.C ... Section 216 Cr.P.C. is included in
Chapter XVII of the Cr.P.C . That Chapter deals
about charge. Section 216 is applicable when
I.P.C. After investigation Sections 498-A, 323 I.P.C. & of D.P. Act were added along with Section 306 I.P ... I.P.C. are made out. In her cross-examination P.W.1 has moved an application under Section 216 I.P.C. to frame
approach the Learned Trial
Judge who is empowered under Section 216 Cr.P.C. to alter or add any charge at
any time before Judgement ... make the investigation biased. The
provisions of Cr.P.C . and in particular Sections 216 (Court may alter charge), 221
(where it is doubtful what
necessary otherwise the provisions contained in Sections
216 , 323 , 386 , 397 , 399 , 401 etc. Cr.P.C ., would be rendered nugatory
and denuded a competent ... from exercising its powers either
under Section 323 or Section 216 Cr.P.C."
12. In 2015 (9) SCC 294 in case titled
allegation, Additional Sessions Judge overlooked the
provision of Section 378(4) of Cr.P.C. and passed the impugned order,
therefore, petitioner has preferred this ... allegation for last 49 years, therefore, unless provisions of Sections
216 / 217 Cr.P.C. are not ensured, no remand order would
under Sections 215 and
216 Cr.P.C in Crl.M.P.No.714 of 2019 in Special C.C ... 216 of Cr.P.C
before the trial Court.
(vi)The Chapter XVII of the Code of Criminal Procedure , 1973,
pertains to Charge. Section
Code of Criminal Procedure, 1973 (for
short ' Cr.P.C .') seeking to quash the order dated 28.01.2020
passed in Crl.M.P ... Section 307 I.P.C.
and filed charge sheet only under Section 498-A I.P.C. and
Sections 3 and 4 of D.P
