Supreme Court of India · 2011-02-01
R.S. Mishra vs State Of Orissa & Ors
- Citation / case number
- AIR 2011 SUPREME COURT 1103
- Court
- Supreme Court of India
- Petitioner
- R.S. Mishra
- Respondent
- State Of Orissa & Ors
- Bench
- H.L. Gokhale, J.M. Panchal
Judgment text excerpt
The Supreme Court addressed the issue of whether the Additional Sessions Judge erred in not framing charges under Section 302 IPC against the accused in a murder case. The Court held that the decision to frame charges is a judicial function and must be based on the evidence available at the time. It concluded that the observations made by the Orissa High Court against the appellant were unwarranted, thereby allowing the appeal and setting aside the High Court's remarks.