Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 221

Criminal Procedure Code (V of 1898) Ss. 561-A & 221---Quashing of order---Amendment of charge---Scope---Complainant lodged FIR against the petitioner for offences under Ss.382, 506, 148 & 149, P.P.C---Trial Court framed the charge for offences under Ss.382 & 506, P.P.C against the petitioners---Complainant instituted a criminal revision petition against the said order, which was accepted and Trial Court was directed to frame charge for offences under Sections 395, 455, 148 & 149, P.P.C---Validity---According to FIR on 17.04.2024 at about 09:00 A.M. petitioners (accused) along with 22/25 unknown culprits, all armed with rifles/pistols, emerged at the petrol pump of complainant---Said accused persons took staff members of the petrol pump as hostages on arm's point and removed CCTV cameras as well as cash amount of Rs.950,000/- and account books forcibly---Said accused persons also snatched arms held by security guards, cheque book and other valuable documents and fled away from the scene---Charge always has to be framed on the prima facie averments of allegations levelled in the FIR, statement of the witnesses under S.161, of Cr.P.C. and report under S.173, of Cr.P.C.---Offence under S.382, P.P.C and under S.395, P.P.C relate to the same family of the offences, as such from the prima facie averments of contents of the FIR, statements of the witnesses recorded under S.161, of Cr.P.C. and report under S.173, of Cr.P.C., the Trial Court was supposed to frame the charge for more graver and serious offence---In the case in hand offences under Ss.395/455/148/149, P.P.C were prima facie made out, as such this fact was rightly observed and taken into consideration by the Revisional Court, while passing the impugned order, which was found to be fully in consonance with the facts and law---Petition was dismissed, in limine.                                                                                            …