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july 2014

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.

Dinesh Tiwari vs State Of U.P. & Anr · Niyam