additional charge for offence under Section 417 I.P.C. along with
charge under Section 376 I.P.C. and to treat the additional charge ... confined to Section 376 I.P.C. and,
therefore, in the light of the power vested in the Trial Court
under Section 216
decision of this Court.
While disposing of the application under section 216 Code of
Criminal Procedure, the learned Sessions Court shall not be
influenced ... shall decide the application under Section 216 Code of
Crl. Rev. P. 494 of 2007 Page 3 of 30
Criminal Procedure first before proceedings further
been
framed under Section 228 the trial has to proceed according to the
procedure provided in the sections following the Section 228 ... accused under Section 227 Cr.P.C. Even if an accused
against whom a charge has been framed under Section 228 Cr.P.C. feels
under Section 216 of Code of Criminal Procedure to alter the charges levelled against the respondents/accused by including Section 302 of IPC ... statements under Section 161 of Cr.P.C. were recorded thereafter. Even as per the statement under Section 161 of
petitioner was
recorded under Section 313 Cr.P.C. on 20.02.2017. Hereinafter, the
prosecutrix again filed an application under Section 216 ... mandate of Section 216 Cr.P.C., the trial Court
was very much within its jurisdiction as Section 216 Cr.P.C.
empowers the Court
decision of this Court. While disposing of the
application under Section 216 Code of Criminal Procedure, the
learned Sessions Courts shall not be influenced ... afresh. The Learned Sessions Court shall decide the application
under Section 216 Code of Criminal Procedure first before
proceeding further with the matter
dealt with under Section 216 . Appellants 4 and 5 could be dealt with neither under Section 216 nor under Section 319 . In that view ... stipulated in Section 216 CrPC and sub-sections (2) to (5) of Section 216 CrPC deal with the procedure
dealt with under Section 216 . Appellants 4 and 5 could be dealt with neither under Section 216 nor under Section 319 . In that view ... under Section 302 and other charges under the Penal Code and the Explosives Act read with Section 120-B IPC and also under Section
conduct of a trial under Section 216(4) , the
procedure under Sections 230 and 231 of the Cr.P.C. is
necessary to be followed ... offence
under Section 376 IPC, an application under Section 216 was
filed to frame an additional charge for an offence under
Section 417 IPC
conduct of a trial under Section 216(4) , the
procedure under Sections 230 and 231 of the Cr.P.C. is
necessary to be followed ... offence
under Section 376 IPC, an application under Section 216 was
filed to frame an additional charge for an offence under
Section 417 IPC
