LAW FOR ALL

Sec.216 Cr.P.C. - Supplementary /additional charge sheet after investigation on absconded accused for 15 years after his arrest - after completion of trial - TADA court dismissed the application - Apex court held that The Designated Court failed to appreciate that the supplementary charge-sheet dated 17.11.2008 filed against the respondent accused was in continuation of the original charge-sheet filed on 4.11.1993 and the list of witnesses annexed to the supplementary charge-sheet was shown as list of additional witnesses. Further, the entire material available at that time, which led to the framing of charges during abscondance of the respondent accused and other accused persons, is available to the prosecution to be used against the respondent at the stage of charge or at the stage of modification of the charge.Consequently, the impugned order is set aside. = C.B.I. .. Appellant Versus Karimullah Osan Khan .. Respondent = 2014 (March . Part) judis.nic.in/supremecourt/filename=41282