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Tamil Nadu
“Only trial courts are empowered to alter charges in criminal cases”
Staff Reporter
MADURAI: Neither the prosecution nor any person interested can prevail upon a trial court to alter charges framed by it in a criminal case, the Madras High Court has ruled. Justice A. Selvam said only trial courts were empowered to frame charges.
V. Krishnammal of Tuticorin had filed the petition against a sessions court’s refusal to frame additional charges against policemen for allegedly killing her husband in lock-up in 2006. The sessions court had framed the policemen under Section 302 (murder) of the IPC, whereas the petitioner wanted it to be read along with Sections 34 (act done by several persons in furtherance of common intention), 120B (criminal conspiracy), 201 (causing disappearance of evidence), 217(public servant disobeying direction of law), 331 (causing grievous hurt to extort confession), 342 (wrongful confinement), 367 (abducting to subject a person to grievous hurt).
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