RIZWAN Vs. WAQAR AHMAD

JUDGEMENT

(1.) The Police field a charge-sheet under section 307 Indian Penal Code against the respondents/accused. The Magistrate, however, having regard to the nature of the injuries instead of committing the case converted it into a warrant-case and processed to try the respondents-accused under section 323 and 324 Indian Penal Code. Questioning the same a revision was filed before the Sessions Judge who directed the Magistrate to commit the case to the court of session holding that the magistrate had no option except to commit. As against that a revision was field by the accused before the High court. The High court allowed the revision and confirmed the order of the Magistrate. But it appears that certificate granting leave to appeal was granted by the High court taking the view that a question of law namely regarding the scope of Section 209 Criminal Procedure Code was involved.

(2.) Having gone through the judgments of both the courts below we are unable to persuade ourselves to hold that the High court has committed any error in allowing the revision. Section 209 of the Criminal Procedure Code lays down that if it appears to the Magistrate that the offence is triable exclusively by the court of Session then it has to commit. No doubt in the instant case, there are number of injuries on the complainant but the Doctor found almost all of them to be simple. In that view of the matter the Magistrate thought that it was not a fit case to commit. Therefore, it cannot be said that the High court has erred in allowing the revision. The appeal is dismissed accordingly.