Enumula Subbarao and Others v. State - 1979 Supreme(Online)(AP) 1

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1979 Supreme(Online)(AP) 1

ANDHRA PRADESH HIGH COURT
A.V.S. Hamid, J
Enumula Subbarao and Others v. State

Advocates:
For the Petitioners: T. V. Sarma
For the Respondents: Public Prosecutor

Table of Content
1. overview of charges and petition for quashing (Para 1 , 2)
2. contention on the framing of charges and implications on trial integrity (Para 3 , 12)
3. discussion of jurisdictional issues regarding framing further charges (Para 4 , 5 , 8 , 9)
4. affirmation of courts' powers to amend charges pre-judgment (Para 6 , 10)

1. This petition by the sixteen accused is laid for quashing the further charge framed against them under S. 228 (1) of the Code of Criminal Procedure, for an offence under S. 149, I. P. C. by the Assistant Sessions Judge, Chirala.

2. The facts necessary for the disposal of this petition briefly stated are these: An F. I. R. was registered against the 16 accused on 8-9-1977 by the Sub-Inspector of Police, Vetapalem, for the offences under S.147, S.148, S.149, S.448, S.324 and S.326, I. P. C. alleged to have been committed by them on 7-9-1977. After investigation, a charge - sheet was laid by the Sub-Inspector on 30-11-77 for the offence under S.148, S.324, S.326, S.307 and S.149 I. P. C. The Judicial Second Class Magistrate, Chirala, committed the accused to Sessions, as one of the offences i.e., the offence under S. 307 I. P. C. was exclusively triable