Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | complaint charge-sheet |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973 - Chapters XII, XIVand XV; ss.154 and 190 -Case lodged by way of complaintbefore the Magistrate [complaint case uls. 190 CrPC] andcase registered on basis of FIR u/s. 154 CrPC before thepolice - Distinction between - High Court upheld order passedby Addi. District & Sessions Judge, who had set aside theorder of Magistrate whereby he had permitted thecomplainant! informant to add additional Sections of /PC intothe charge-sheet submitted after police investigation on a FIRregistered u/s. 154 CrPC - Propriety - Held: The Magistratepermitted addition of sections after submission of charge-sheet missing out that the instant matter did not arise out ofa complaint case lodged before the Magi.strafe u/s.190 CrPCbut arose out of a police report/FIR in a Police Station basedon FIR registered uls. 154 CrPC - However, the AdditionalDistrict & Sessions Judge and the High Court ought to havespecified the correct course of action to be adopted by theMagistrate and the complainant! prosecution party, failure ofwhich got the matter enmeshed into this litigation impedingthe trial - The fall out of the order of the High Court is thatthe prosecution represented by the appellant-State of Gujaratmight be rendered remedy less - Although, the High Courtmay be correct in observing that the Trial Court was notprecluded from modifying the charges by including orexcluding the sections at the appropriate stage during trial, itwas duty bound in the interest of justice and fairplay to specifyin- clear terms that the Trial Court would permit and considerthe plea of addition of sections at the stage of framing ofcharge u/s.211 CrPC since the matter emerged out of a policecase and not a complaint case before the Magistrate in whichevent the Magistrate could exercise greater judicial discretion- Liberty granted by Supreme Court to appellant-State to raiseall questions relating to additions of the Sections on the basisof the FIR and material collected during investigation at thetime of framing of charges by the Trial Court. |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra |
Neutral Citation | 2013 INSC 783 |
Petitioner | State Of Gujarat |
Respondent | Girish Radhakrishnan Varde |
SCR | [2013] 12 S.C.R. 930 |
Judgement Date | 2013-11-25 |
Case Number | 1996 |
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