LAW FOR ALL

Sec.226,227 and 228 of Cr.P.C.- one out of 3 no charge sheet was filed under sec.302 I.P.C. - but committal court famed charge under sec.302 of I.P.C against this accused too - challanged - high court dismissed the writ for quashing - Apex court held that In this case, it is not alleged that the Sessions Judge has not followed Sections 226 and 227 Cr.P.C before framing the charge. Further, it is not the case of the appellant that the court has not given him hearing at the stage of discharge u/s 227 Cr.P.C. For framing of charge u/s 228, the judge is not required to record detail reasons as to why such charge is framed. On perusal of record and hearing the parties at the stage of discharge u/s 227 Cr.P.C. if the Judge is of opinion that there is ground for presuming that the accused has committed an offence, he is competent to frame charge for such offence even if not mentioned in the charge sheet. We find no merit in this appeal.= DINESH TIWARI … APPELLANT Versus STATE OF UTTAR PRADESH & ANR. … RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41750