DINESH TIWARI versus STATE OF UTTAR PRADESH & ANR.

DINESH TIWARI versus STATE OF UTTAR PRADESH & ANR.

If the Sessions Court, after consideration of records and hearing, is of the opinion that there is ground for presuming commission of an offence by the accused, it is competent to frame charge for such offence, even if the offence was not mentioned in the charge-sheet nor cognizance was taken by the Magistrate, and there is no requirement for a separate hearing or detailed recording of reasons for framing charge under section 228 CrPC.

Parties
Appellant Accused: Dinesh Tiwari; Respondents: State of Uttar Pradesh & Anr.
Jurisdiction
India
Judgment Date
07 July 2014
Procedural Posture
Criminal Appeal / Final Disposition
Outcome
appeal dismissed
Legal Topics
Framing of Charges, Discharge of Accused, Sections 226, 227, 228 Cr PC, Powers of Sessions Court
Criminal Law Procedure Framing of Charges Discharge of Accused Sections 226, 227, 228 Cr PC Powers of Sessions Court

Case Brief

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Parties

Dinesh Tiwari

Appellant Accused

State of Uttar Pradesh & Anr.

Respondents

Procedural Posture

Criminal Appeal / Final Disposition

Legal Issues

  1. 1 Whether the Sessions Court can frame an additional charge not mentioned in the charge-sheet nor taken cognizance by the Magistrate
  2. 2 Whether hearing is required before framing charge under section 228 CrPC
  3. 3 Whether detailed reasons must be recorded by Sessions Judge for framing charge

Ratio Decidendi

If the Sessions Court, after consideration of records and hearing, is of the opinion that there is ground for presuming commission of an offence by the accused, it is competent to frame charge for such offence, even if the offence was not mentioned in the charge-sheet nor cognizance was taken by the Magistrate, and there is no requirement for a separate hearing or detailed recording of reasons for framing charge under section 228 CrPC.

Court Disposition

appeal dismissed

Orders

  • Appeal is accordingly dismissed.