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My brother Tulzapurkar has, in this Criminal Revision Application, referred to a Division Bench the question as to whether in a case falling under the provisions of Sections 236 and 237 of the Criminal Procedure Code, it is permissible for a criminal 'Court to alter the conviction from an offence which is of lesser gravity to an offence of greater gravity, as the question is one which is not directly covered by authority. (Bombay High Court, Chainsukhlal Punamchand Meher vs The State Of Maharashtra on 17 December, 1968)

A stay should have been ordered because the manslaughter allegation was based on substantially the same facts as the earlier summary prosecutions, and gave rise to a prosecution for an offence of greater gravity, no new facts having occurred, in breach of the Elrington principle. (Regina v Beedie: CACD 11 Mar 1997 - swarb.co.uk)