Supreme Court of India
Saranya v. Bharathi and Another
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What the Court ordered
In view of the above and for the reasons stated above, t he present appeal succeeds.
Judgment, page 11
From the headnote
Code of Criminal Procedure, 1973: s. 482 – Exercise of power under – Stage of framing of charge – High Court quashed and se t aside the criminal proceedings qua co-accused-respo ndent no. 1 for the offences u/ss. 420, 302 rw 109 IPC – Correctness of – Held: High Court entered into the appreciation of the evi dence and considered whether on the basis of the evidence, the accus ed is likely to be convicted or not – At this stage, while consi dering the application u/s.482 Cr.P. ., this is not at all permissible – High Court was not conducting the trial and/or was not exercis ing the
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