The First Information Report came to be lodged against three persons alleging the offence of murder and robbery.
P.C., as well as depositions of witnesses, issued summons to the appellant herein and thereafter proceeded to frame charges against him.
The order of recalling was companyfirmed by the High Court.
As mentioned supra, the said order came to be companyfirmed by the High Court.
P.C. by the Criminal Court Sessions Court.
156/99, is called in question in this appeal.
The said order of recalling came to be set aside by this Court on the ground that there is numberprovision to review or recall the order under the Code of Criminal Procedure for short the Cr.
The earlier orders, as mentioned supra, including the order passed by this Court, reveal that the initial order of discharge passed by the Trial Court was without reference to the supplementary chargesheet additional charge sheet filed against the appellant, which companytained ample material against the appellant to frame charges.
The supplementary chargesheet also included material relating to the recovery of a pistol used for the companymission of the offence by the appellant, at the instance of the appellant.
The Trial Court had discharged the appellant herein initially, along with four other accused, however, the said order of discharge of the appellant was recalled subsequently.
During the trial of the other two accused since the appellant was discharged at an earlier point of time , an application came to be filed on behalf of the prosecution under Section 319 of the Cr.
P.C. with regard to the appellant based on the material on record.
Mohan M. Shantanagoudar, J. The judgment dated 01.12.2008 passed by the High Court of Madhya Pradesh at Jabalpur Bench Gwalior in Criminal Revision No.
314 of 2007 companyfirming the order dated 12.03.2007 Signature Not Verified passed by the XIth Additional Sessions Judge, Gwalior, framing Digitally signed by SATISH KUMAR YADAV Date 2018.12.17 121922 IST Reason charges against the appellant for the offences punishable under Sections 394 and 460 of the Indian Penal Code for short the IPC , and alternatively under Sections 302 and 397, IPC along with Sections 25 1B a and 27 of the Arms Act in S.T. No.
A chargesheet was filed against seven persons, including the accused.
