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Supreme Court of India 2018-04-27 disposed

Osama Aziz and Anr vs State of Uttar Pradesh and Ors

Bench: 3 — A.M. Khanwilkar

In Brief

An assault occurred in a courtroom during judicial custody in Lucknow where advocates and others attacked the petitioner. Police filed a chargesheet against only three persons under Sections 147, 323, 504, and 353 of IPC, not Section 307. The appellants sought the High Court to direct inclusion of Section 307 and other offences. The Supreme Court clarified that the High Court's observations do not prevent the appellants from pursuing the case before the Trial Court, which has full power to frame additional charges, amend charges, or proceed against other persons if material justifies such action.

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Criminal Procedure Criminal Law Code of Criminal Procedure Indian Penal Code High Court Powers Trial Court Powers Chargesheet Amendment

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