Code of Criminal Procedure, 1973–Sec. 251–Penal Code, 1860–Sec. 323–FIR was lodged for the offence u/ss. 452, 323 & 341–Police submitted the final report on the ground that the non-cognizable offence was made out–Trial Court took the cognizance for the offence u/s. 323–Offence u/s. 323 is not a warrant case–There was no need to frame the formal charge against the petitioner–As per provisions of Sec. 251 Cr.P.C., the only substance of accusation is to be stated to the accused–Provisions of Sec. 258 Cr.P.C. would not be
applicable.
