JUDGMENT

Mohan M. Shantanagoudar, J.

1. 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 confirming the order dated 12.03.2007 passed by the XIth Additional Sessions Judge, Gwalior, framing 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. 156/99, is called in question in this appeal.

2. The First Information Report came to be lodged against three persons alleging the offence of murder and robbery. A charge-sheet was filed against seven persons, including the accused. 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. The order of recalling was confirmed by the High Court. The said order of recalling came to be set aside by this Court on the ground that there is no provision to review or recall the order under the Code of Criminal Procedure (for short ‘the Cr.P.C.’) by the Crim