PUSHPARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has called in question the order dated 11.09.2017 passed by the learned Principal Sessions Judge, Udupi in Crl.RP No. 87/2016.

(2.) I have heard the arguments of the learned counsel for the petitioner and as well the learned High Court Government Pleader for the respondent-State. Perused the records.

(3.) Kapu Police Station of Udupi District have laid a charge sheet against the accused petitioner, for the offence punishable under sections 417, 493 and 506 of IPC, after thorough investigation. The learned Magistrate has in fact framed charges for the above said offences and proceeded to record the evidence of the prosecution witnesses. After recording of the evidence of the prosecution witnesses, it appears the learned Assistant Public Prosecutor has filed an application under section 323 of Cr.P.C., 1973 seeking committal of the case to the Sessions Court, as the evidence produced before the court makes out an offence under section 376 of IPC, which is exclusively triable by the Court of Sessions. The learned Magistrate after providing opportunity to the accused has dismissed the said application by giving detailed reasons vide order dated 2.9.2016.