ANURAN RASTOGI vs STATE OF U.P

The Supreme Court held that the Magistrate is not bound by the description of offences in the police report and can consider additional charges under Sections 406 and 307 IPC at the stage of framing charges. The Court found that the High Court's observations were contradictory and unnecessary after establishing that the proper stage for consideration is indeed the framing of charges. The appeal was disposed of, affirming the need for the Magistrate to evaluate the evidence before determining the trial court's jurisdiction.