charges as directed by Section 254. They accordingly decided that the proceedings involved no breach of the provisions of Section 239 (d) and that they ... terms of Sections 234 and 235. And it has been affirmed that improper advantage is taken of Section 239 (d) so as to bring into
coming to the said conclusion nor the scope of Section 223 (corresponding Section 239(d) old) has been considered.
9. Learned Senior Counsel ... supra), only Section 177 of Cr.P.C. was considered and therein Section 180 of Cr.P.C. or Sections 235 to 239
main alterations were. Section 234 substantially corresponded to Section 137 . Section 235 also substantially corresponded to Section 138 . Then we have Section 237 which confers ... Section 237 of that Act, and according to him it is only an Inspector appointed under Section 235 or Section 237 , as Section 239 expressly
other appellants. The Privy Council considered the provisions of Section 235 and Section 239 of the old Code and at page 134 it has been ... Sessions, Visakhapatnam, for offences punishable under sections 120-B, 409, 477-A and Section 471 read with Section 467 , I.P.C., while respondent
main alterations were. Section 234 substantially corresponded to section 137 . Section 235 also substantially corresponded to section 138 . Then we have section 237 which confers ... section 237 of that Act, and according to him it is only an inspector appointed under section 235 or section 237 , as section 239 expressly
suit, and that the joint trial was permissible under Section 239 (a) , Criminal Procedure Code. As regards the second point, it is urged that ... offences under Sections 193 , 209 and 210 , Indian Penal Code, or attempt to commit offences under Sections 209 and 210 read with Section 511 , Indian
suit, and that the joint trial was permissible under Section 239(a) , Criminal Procedure Code. As regards the second point, it is urged that ... offences under Sections 193 , 209 and 210 , Indian Penal Code, or attempt to commit offences under Sections 209 and 210 read with Section 511 , Indian
ready
reference the section is reproduced as under :-
" Section 239 : When accused shall be discharged -
If, upon considering the police report and the
documents ... ambit
of section 251(A)(2) of Cr.P.C., which was in pari materia with the
wording used in section 239
trial on all these charges contravenes Sections 233 , 234 , and 235 and does not fall under Section 239(d) of the Criminal Procedure code ... 239 . The prosecution rely upon the exception contained in Section 239(d) , which provides that persons may be charged and tried together where they
time of consideration of the application for
discharge under Section 239 of Code of Criminal Procedure
(hereinafter " Cr.P.C ." for short ... withdrew the S.L.P. and filed
application for discharge under Section 239 Cr.P.C. In that
application, respondent no.2 appeared before
