However, a proviso is expressly engrafted in sub section (1) of Sec. 218.
which reads as follows:
distinct"S.218. of which any person ... against such person. It is also explicitly provided
in sub section (2) of Sec.218 that nothing in sub-section (1) of Sec.218
shall
charges framed against the accused. Sub-section
(2) clearly stipulates that the provisions of Section 218 shall not
impinge upon the provisions of Sections ... each charge be tried separately. Section 219 thus
being an exception to the general rule crafted in Section 218
permits joint trial if a person
person. We are not concerned with this section in this case.
24. While Section 218 speaks of distinct offences, Section 219 speaks of offences ... other of the four sections vide In re Osman AH, .
39. The object of Section 218 of the Code is to save the accused from
action.
Learned counsel for the petitioner has drawn my attention to Sections 218
and 219 of the Cr.P.C. and submitted that Section 218 ... every charge, there shall be a separate trial. Sections 219
& 220 are exception to Section 218(1) Cr.P.C. Section 219(1) provides
such matter as is referred to in Sub-section (1) of Section 95."
14. Under Section 167(6) :
"Where any order stopping further ... matters as he may specify."
15. Under the proviso to Section 218 :
"Where the accused person, by an application in writing, so desires
filed.
3. The learned counsel for the petitioners would contend
that Section 219 of the CrPC stipulates that when a person is
accused of more ... each of such charge in accordance
with the provisions of Section 218 of the CrPC. The purpose of
the statute is clear that if more
Kerala High Court in 1996 (3) Crimes 283 (cited supra), Section 219 Cr.P.C. is an exception to the general rule. As stated earlier ... defend them. Sections 219 and 220 Cr.P.C. lay down different and distinct exception to the general rule contemplated under Section 218
even by analogy to the complaints under
Section 138 of the Act. A conjoint reading of Sections ... provisions contained in the Code of
Criminal Procedure . The provisions like Section 218 of the Code of
Criminal Procedure which provide for separate charges
Kerala High
Court in 1996 (3) Crimes 283 (cited
supra), Section 219 Cr.P.C. is an exception to
the general rule. As stated earlier ... defend
them. Sections 219 and 220 Cr.P.C. lay down
different and distinct exception to the general
rule contemplated under Section 218
under:-
"8. A brief overview of the provisions of
Sections 218 to 224 would show that the
submissions of the learned counsel ... each of such charge in accordance with the
provisions of Section 218 of the Cr.P.C. The
exceptions culled out in Sections
