Supreme Court of India · 2013-11-25
State Of Gujarat vs Girish Radhakishan Varde
- Citation / case number
- AIR 2014 SUPREME COURT 620
- Court
- Supreme Court of India
- Petitioner
- State Of Gujarat
- Respondent
- Girish Radhakishan Varde
- Author
- Gyan Sudha Misra
- Bench
- Gyan Sudha Misra, G.S. Singhvi
Judgment text excerpt
The Supreme Court ruled that a magistrate has the authority under Chapter XV of the Code of Criminal Procedure, 1973 to allow the addition of charges under the Indian Penal Code (IPC) after the police have submitted a chargesheet. Specifically, the Court addressed the addition of Sections 364, 394, and 398 IPC, emphasizing that the magistrate's discretion is crucial in ensuring that all relevant charges are considered for prosecution. The Court overturned the High Court's dismissal of the State's application, thereby reinstating the magistrate's order to include the additional charges.