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1 - 3 of 3 (0.18 seconds)State Of Maharashtra vs Salman Salim Khan & Anr on 18 December, 2003
The allegations of the complainant leveled against the revisionists are same
which are contained in his complaint Ex.P-1 and same has already been
investigated by the police. At the time of framing of charge, the learned trial
Court had already refused to frame charge under Section 452 of IPC stating
therein that as per challan, the incident took place in gallery. Thereafter,
there is no such evidence led by the prosecution on the basis of which charge
under Section 216 of Cr.P.C. could be amended. The Honourable Supreme
Court of India held in State of Maharashtra versus Salman Salim Khan and
another, 2004(1) R.C.R. (Criminal), 314 that it is open to trial court to alter
the charge at any stage of trial depending on the material that is brought
before it in the form of evidence.
Section 216 in The Code of Criminal Procedure, 1973 [Entire Act]
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