ARCHANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) The short issue involved in the instant appeal is as to whether the approach adopted by the High Court in the impugned order in its revisional jurisdiction on an application under Sec. 323 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) holding thereby a prima facie offence under Sec. 307 of the Indian Penal Code was premature and consequently setting aside the order of the learned Trial Court and remanding the matter back to the learned Chief Metropolitan Magistrate is correct or not?

(3.) The case has a chequered history. The matrimonial discord between the parties has reached a different level culminating into a criminal case. The question for consideration, as stated, is with respect to the remittal order passed by the High Court in the impugned order finding fault with the exercise of power by the learned Chief Metropolitan Magistrate (for short, 'CMM') in committing the matter to the jurisdictional Sessions Court after exercising the powers under Sec. 323 Cr.P.C. in coming to the conclusion that the charge under Sec. 307 of the Indian Penal Code, 1860 (for short, 'IPC') is required to be heard by way of an additional charge. In such view of the matter, the learned CMM exercised the powers under Sec. 216 read with 323 Cr.P.C.