When Magistrate can not be asked to frame additional charge in light of bar imposed U/S 195 of IPC?

Equivalent Citation: 2006(2)ALD(Cri)58, 2006(2)ALT(Cri)268, 2006((2))ALT(Cri)268, 2006CriLJ2697

IN THE HIGH COURT OF ANDHRA PRADESH

Cri. Rev. Case No. 27 of 2004 and Cri. Revn. Petn. No. 27 of 2004

Decided On: 08.03.2006

Appellants: Dongari Venkatram
Vs.
Respondent: M. Tirpathanna S.I. of Police and Ors.

Hon'ble Judges/Coram:
P.S. Narayana, J.

Criminal - Additional charges - Sections 195 and 211 of Indian Penal Code, 1860 - Judicial Magistrate of First Class declined to frame additional charges for offences punishable under Sections 195 and 211, I.P.C. in light of bar imposed under Section 195 of Code - Hence, this Petition - Whether, trial court was justified in not framing additional charges - Held , Magistrate had taken bar imposed under Section 195 and recorded reasons in detail - Therefore, additional charges could not be framed in light of bar imposed under Section 195 of Code - Petition dismissed.

"Additional charges cannot be framed in light of bar imposed under Section 195 of Code."

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