Code of Criminal Procedure, 1973–Secs. 227, 228 & 216–Earlier, the application for discharge u/s. 227 had been dismissed–Thereafter, the accused filed another vexatious application seeking modification of charge u/s. 216–Application was dismissed and the order was challenged through the revision–High Court allowed the revision–Whether it was justified ?–Held, no–Order passed u/s. 216 was an interlocutory order and revision against the order was not maintainable–Further, Sec. 216 does not give any rigtht to the accused to file a fresh application seeking his discharge after the charge framed by the Court, more particularly when his application seeking discharge u/s. 227 had already been dismissed–Impugned order passed by the High Court is liable to be set aside.
