APABHAI HEMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) * * * *

(2.) Section 437 inter alia provides that when on examining the record of any case under section 435 or otherwise the Sessions Judge considers that such case is triable exclusively by the Court of Session and that an accused person has been improperly discharged by the inferior Court the Sessions Judge may cause him to be arrested and may thereupon instead of directing a fresh inquiry order him to be committed for trial upon the matter of which he has been in the opinion of the Sessions Judge improperly discharged. There are two provisos to sec. 437 but we do not propose to cite them here as they are not relevant for the purposes of this inquiry.

(3.) Mr. Nanavaty appearing for the applicants contended-