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Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): S. H. Kapadia, Altamas Kabir, R. V. Raveendran, B. Sudershan Reddy, Aftab Alam , JJJ

Constitution of India , Art.137, Art.141— Criminal P.C. (2 of 1974) , S.216, S.323, S.386, S.397, S.399, S.401— Review - Decision in Bhopal Gas tragedy case - Holding that no charge under Section 304, Part-II or under Sections 324, 326, 429 with or without the aid of Section 35, IPC could be framed against accused on material led by prosecution - And direction that on the material led charge under Section 304-A, IPC could be made out against accused - Review/curative petition sought on ground that such decision thwarted powers of trial Court under S. 216, Criminal P. C. to enhance charges - Ground raised is based on wrong assumption - No decision by any Court could nullify express provisions of an Act or Code - Moreover decision in question qualified all findings given and observations made therein by words "on material produced by prosecution" and "at this stage" - Decision as such cannot be read as removing Ss. 323, 386, 397, 399 from Criminal P. C. - Moreover review has been sought after 14 years without explanation - Petition liable to be dismissed. (Para 4) .....