Supreme Court of India
Dinesh Tiwari v. State of Uttar Pradesh & Anr.
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From the headnote
Code of Criminal Procedure, 1973 - ss. 226, 227 and 228 - Sessions Court charged the accused for additional offence - Which was not part of charge-sheet nor was taken cognizance of by the Magistrate - The order challenged on the ground that additional charge was framed without hearing the accused - Held: at the stage of discharge u/s. 227, if the judge is of.the opinion that there is ground for presuming that o the accused has committed an offence, he is competent to frame charge for such offence even if not mentioned in the charge-sheet ~ For framing charge uls. 228, the Judge is not
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