Criminal Case Review: Supreme Court Upholds High Court’s Observations in Assault Case

The case of Osama Aziz & Anr. vs. State of Uttar Pradesh & Ors. pertains to a criminal appeal filed by the appellants challenging the investigation and legal proceedings concerning an assault incident inside a courtroom. The Supreme Court was called upon to determine whether the High Court erred in refusing to direct additional charges under Section 307 IPC and whether the investigation was conducted fairly.

The appellants, who appeared in person, challenged the High Court’s decision, arguing that the charge sheet filed in Crime No. 419 of 2010 was inadequate, and certain sections of the IPC were omitted. The Supreme Court upheld the High Court’s observations and reiterated that the appellants could pursue their grievances before the trial court.

Background of the Case

The incident occurred on June 24, 2010, at the District Court in Lucknow, where the appellants alleged that they were assaulted by a group of individuals, including advocates, inside the courtroom. The police registered a case under Sections 147, 323, 504, and 353 IPC and later filed a charge sheet against three accused persons.

The appellants filed a petition before the Allahabad High Court seeking the inclusion of additional charges, specifically Section 307 IPC (attempt to murder), and directions for further investigation. The High Court disposed of the petition on January 10, 2013, directing the appellants to approach the trial court. A subsequent order on March 19, 2013, addressed remaining grievances.

Arguments by the Parties

Petitioner’s Arguments (Osama Aziz & Anr.)

The appellants contended that:

• The charge sheet was incomplete as it did not include Section 307 IPC.
• Several individuals involved in the assault were not named in the charge sheet.
• The investigation was biased, and the trial court should be directed to take cognizance of all available evidence.
• Their security was at risk, and additional protection was necessary for court appearances.

Respondents’ Arguments (State of Uttar Pradesh & Ors.)

The respondents argued that:

• The investigation was conducted lawfully, and the charge sheet was filed based on available evidence.
• The appellants could raise their grievances before the trial court, which had the authority to amend charges if necessary.
• The prosecution had followed due process, and further intervention was unnecessary.

Supreme Court’s Analysis

The Supreme Court examined the procedural aspects and legal provisions relevant to the case:

• The charge sheet had been filed under Sections 147, 323, 504, and 353 IPC, but the appellants sought the addition of Section 307 IPC.
• The trial court had the power under Section 216 CrPC to alter or add charges at any stage of the trial.
• The appellants could adduce evidence before the trial court to support their claims.
• The High Court’s decision to allow the trial court to determine additional charges was legally sound.

Key Observations by the Court

The Supreme Court ruled:

“The appellants are free to pursue their legal remedies before the trial court for inclusion of Section 307 IPC in Crime No. 419 of 2010. Even if a charge sheet has been filed, it is open to the trial court at the appropriate stage to frame additional charges if the material on record justifies such inclusion.”

Final Judgment

The Supreme Court disposed of the appeal and upheld the High Court’s decision. It ruled:

“None of the observations made by the High Court will impede the appellants from raising their concerns before the trial court. The trial court shall consider every aspect of the matter on its own merits and in accordance with the law.”

Conclusion

This case reaffirms the principle that the trial court has the authority to frame additional charges if warranted by evidence. The ruling ensures that parties dissatisfied with the investigation have legal recourse through trial proceedings, rather than seeking premature judicial intervention.

Petitioner Name: Osama Aziz & Anr..
Respondent Name: State of Uttar Pradesh & Ors..
Judgment By: Justice Dipak Misra, Justice A.M. Khanwilkar, Justice Dr. D.Y. Chandrachud.
Place Of Incident: Lucknow, Uttar Pradesh.
Judgment Date: 27-04-2018.

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