C. B. I. vs Karimullah Osan Khan - 2014 Supreme(SC) 179

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(SC) 179

K.S.RADHAKRISHNAN, VIKRAMAJIT SEN
C. B. I. – Appellant
Versus
Karimullah Osan Khan – Respondent

Judgement Key Points

What is the scope of Section 216 CrPC to alter or add to a charge at any time before judgment is pronounced? What are the procedural safeguards and requirements when a trial court alters or adds charges under Section 216 CrPC? When does absence of earlier framing of a charge (e.g., missing original charge) warrant exercise of Section 216 CrPC to amend charges in a TADA case?

Key Points: - (!) (!) (!) - (!) (!) - (!) (!) (!) - (!) (!) - [1000539000010] (!) - (!)

What is the scope of Section 216 CrPC to alter or add to a charge at any time before judgment is pronounced?

What are the procedural safeguards and requirements when a trial court alters or adds charges under Section 216 CrPC?

When does absence of earlier framing of a charge (e.g., missing original charge) warrant exercise of Section 216 CrPC to amend charges in a TADA case?

JUDGMENT

K. S. Radhakrishnan, J. –

1. We are, in this case, concerned with the legality of the order passed by the Designated Court under TADA (P) Act, 1987 for Bomb Blast Case, Greater Bombay, rejecting the application filed by the Central Bureau of Investigation (for short ‘CBI’) under Section 216 of the Code of Criminal Procedure (for short ‘CrPC’) for addition of the charges punishable under Section 302 and other charges under the Indian Penal Code (for short ‘IPC’) and the Explosives Act read with Section 120-B IPC and also under Section 3(2) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short ‘TADA Act’).

2. The city of Mumbai and its surrounding areas witnessed a series of bomb blasts on 12.3.1993, whereby 257 persons were killed, 713 persons got injured and extensive damage to properties worth approximately Rs.27 crores was caused. The State Police registered 27 criminal cases. On 4.11.1993, a single charge-sheet was filed in the Designated Court against 189 accused persons, of which 44 were shown as absconding. Investigation from the State Police was transferred to CBI on 19.11.1993 and the CBI registered Case Crime No. RC 1 (S)/93/STF/BB. CBI, later

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2014 Supreme(SC) 179

K.S.RADHAKRISHNAN, VIKRAMAJIT SENC. B. I. – AppellantVersusKarimullah Osan Khan – Respondent

What is the scope of Section 216 CrPC to alter or add to a charge at any time before judgment is pronounced?

What are the procedural safeguards and requirements when a trial court alters or adds charges under Section 216 CrPC?

When does absence of earlier framing of a charge (e.g., missing original charge) warrant exercise of Section 216 CrPC to amend charges in a TADA case?

Cases Referred (3)

K.S.RADHAKRISHNAN, VIKRAMAJIT SEN
C. B. I. – Appellant
Versus
Karimullah Osan Khan – Respondent