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.