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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

In this criminal appeal, the appellants challenged High Court orders dismissing their petition under Section 482 CrPC, which sought inclusion of Section 307 IPC and other reliefs in a chargesheet filed for an assault that occurred in a court room. The Supreme Court held that the High Court's observations do not impede the appellants from pursuing their remedies before the Trial Court. The Court clarified that the Trial Court remains free to frame charges for Section 307 and proceed against other accused persons as the evidence warrants. The filing of chargesheet against only three identified perpetrators of an unlawful assembly offence was held not per se illegal merely because other participants could not be identified.

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Criminal Procedure Chargesheet Investigation Trial Court Powers Amendment of Charges Unlawful Assembly Section 482 CrPC

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