Supreme Court · 2014 INSC 165 · Decided 4 March 2014
C.B.I. v. Karimullah Osan Khan
- Court
- Supreme Court of India
- Citation
- 2014 INSC 165 · [2014] 3 S.C.R. 588
- Case number
- CRIMINAL APPEAL No. 1127/2009
- Decided
- 4 March 2014
- Bench
- K.S. RADHAKRISHNAN, VIKRAMAJIT SEN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 3(3); CrPC Section 216
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: c s.216 - Alteration of charge - One of the absconding accused in Bombay bomb blast case (12.3.1993) apprehended subsequently - Charges framed - Original charge of criminal conspiracy uls 3(2) TADA r!w s. 120 /PC and other offences, though applicable, but for addition of the charges - Rejected by Designated Court - Held: This is a fit case where the court ought to have exercised its powers u/s 216 CrPC and allowed the application filed by CBI for alteration of charge. Consequently, impugned order is set aside -­ Application preferred by CBI uls
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)