Supreme Court of India · 2014-07-07
Dinesh Tiwari vs State Of U.P. & Anr
- Citation / case number
- AIR 2014 SUPREME COURT 3502
- Court
- Supreme Court of India
- Petitioner
- Dinesh Tiwari
- Respondent
- State Of U.P. & Anr
- Bench
- V. Gopala Gowda, Sudhansu Jyoti Mukhopadhaya
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of the appellant's application under Section 482 Cr.P.C. to quash the charge framed under Section 302 IPC was justified. The Court emphasized that the Sessions Court has the authority to frame charges based on the evidence presented, even if a charge sheet for Section 302 IPC was not initially submitted against the appellant. The Court affirmed the principle that the framing of charges is a judicial function that requires consideration of all available evidence, leading to the dismissal of the appeal.