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2000 DIGILAW 1502 (SC)

State Of J & K v. Abdul Ahad Sheikh

2000-09-04

G.B.PATTANAIK, UMESH C.BANERJEE

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ORDER Leave granted. 2. The State of J & K is in appeal against the impugned order of the learned Single Judge of the Jammu & Kashmir High Court, who by the impugned judgment at the stage of framing to charge, has altered the charge from Section 302 IPC to one under Section 304 Part I, on a finding that the accused must be said to have committed the offence because of sudden quarrel and the injury was not caused with an intention to cause death. 3. A bare perusal of the judgment would indicate that the High Court at the stage of framing of charge, has gone beyond its jurisdiction by trying to sift the evidence and examining to defence plea and ultimately, altering the charge framed. The parameters for exercise of power under Section 482 against an order of framing of charge have now been said in several decisions of this Court and the impugned order does not conform to the said parameters. In this view of the matter, the impugned order of the High Court is set aside and the accused is directed to face the charge under Section 302 IPC. The Criminal Appeals stand disposed of accordingly. Appeal allowed. ************** Parallel Citations of other Journals : State of J & K v. Abdul Ahad Shelkh, 2001(2) Supreme 373 : 2000 (10) JT 484 : 2001 (2) Crimes 32 : 2000 (4) All. Cri. LR 6 00019