LAW FOR ALL

Sessions court can frame additional charge - droped by I.O. = The I.O. dropped charges against the accused under Section 302 of the IPC. Therefore, the appellant filed a writ petition being WP (Crl.) No.1131 of 2012 before the High Court of Orissa for a direction for reopening the case and to hand over further investigation to the Crime Branch or the CBI. The appellant contends that sufficient material is available on record for framing an additional charge for the offence punishable under Section 302 IPC. it is just and proper for the Sessions Court before whom the case is pending to consider framing of an additional charge under Section 302 of the IPC. Therefore, the Sessions Court is directed to peruse the entire material on record in order to consider the aspect of framing of an additional charge for the offence punishable under Section 302 IPC.