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december 2003

Supreme Court of India · 2003-12-18

State Of Maharashtra vs Salman Salim Khan & Anr

Citation / case number
AIR 2004 SUPREME COURT 1189
Court
Supreme Court of India
Petitioner
State Of Maharashtra
Respondent
Salman Salim Khan & Anr
Bench
N. Santosh Hegde, B.P. Singh

Judgment text excerpt

The Supreme Court held that the trial court has the authority to alter charges at any stage of proceedings as per the Code of Criminal Procedure. It emphasized that if evidence suggests a lesser offence, the court can convict for that lesser offence, thereby avoiding unnecessary delays caused by higher court interventions. The Court overturned the High Court's decision that quashed the framing of charges under Section 304 Part II IPC, reinstating the Sessions Court's authority to proceed with the trial.

State Of Maharashtra vs Salman Salim Khan & Anr · Niyam