Supreme Court · 2011 INSC 87 · Decided 1 February 2011
R.S. Mishra v. State of Orissa & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 87 · [2011] 2 S.C.R. 338
- Case number
- CRIMINAL APPEAL No. 232/2005
- Decided
- 1 February 2011
- Bench
- J.M. PANCHAL, H.L. GOKHALE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304; CrPC Section 228, 300(2)
Headnote
Code of Criminal Procedure, 1973: c ss. 227 and 228 - Role of the Judge at the stage of framing of charge - Inter-connection between ss.227 and 228 - Held: When the charge under a particular section is dropped or diluted, (although the accused is not discharged), some minimum reasons in nutshell the consideration of the material on record - On the analogy of a discharge order, the Judge must give his reasons at/east in a nutshell, if he is dropping or diluting any charge, particularly a serious one - It is also necessary for the reason that the order should inform the prosecution as E
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