“9. The present First Informati o n Report was registered unde r sections 323,506,427 IPC agai n st the accused persons. In th e f inal report under section 17 3 Cr.P.C., section 354 IPC wa s added with black ink. After sup p lying copy of challan when th e case was fixed for arguments, t his fact came to the knowledg e of the court and report wa s called, which was filed 'o n 10.6.2019 and thereafter, th e order dated 29.8.2019 wa s passed by the court mentioning that "Further, as Section 354 o f IPC was not found, as per the i nvestigation of concerned DSP, the Court shall proceed for fr a ming on charge, on 27.9.2019, except Section 354 of IPC." Ho w ever, whether Section 354 IP C is made out or not was to be c onsidered when the court wa s hearing the arguments of bot h the parties on charge and til l date, the file is pending for a d dressing arguments on charge. The issue whether Section 354 IPC is made out or not can b e only considered at the time of f r aming of charge. The court ha s not heard the parties on the a spect of framing of charge til l date. The order passed by learned trial Court is per-s e erroneous on the face of it, th e refore, the order is liable to b e set aside. The pleas of the co m plainant as well as other part y needs consideration at the time of framing ofc harge”.
