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february 2011

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.

R.S. Mishra vs State Of Orissa & Ors · Niyam