ABDUL RASHEED Vs. STATE

JUDGEMENT

(1.) THE learned Assistant Sessions Judge of East Thanjavur division at Nagapattinam has made this reference under section 395 (2), Criminal procedure Code, under the following circumstances. P. R. C. No. 2 of 1980 on the file of the Sub-Divisional Judicial Magistrate, Nagapattinam was instituted on a complaint. THE case was taken cognizance of under sections 147, 148, 426 and 506, Part II, Indian Penal Code. THE learned Sub-Divisional judicial Magistrate, Nagapattinam , treating the case as a counter case to P. R. C. No. 1 of 1980 on his file converted this case also as a P. R. C. , and committed the same for trial before the Court of Sessions, East Thanjavur. No witnesses have been examined by the Magistrate. Consequently, the Sessions Court has got only the complaint and the sworn statement on which alone it has to come to a conclusion whether there is ground or no ground for framing the charge. THE case being one for offences not triable exclusively by the Sessions Court, there was no opportunity for the Magistrate to consider the question of examining the witnesses under section 202 (2), Criminal procedure Code. THE case has been treated straightway as P. R. C. , before recording evidence. THE accused has lost opportunity of knowing the nature of the evidence against him. He has to suffer a disadvantage as a result. As the matter involves the question law of procedure. the learned Assistant. Sessions Judge has referred it to this Court under section 395 (2), Criminal Procedure Code, for suitable directions as regards the procedure to be followed in such cases by the Court and if necessary for quashing the committal proceedings in this case.

(2.) THE accused and the complainant are represented by counsel. Notice of the reference was given to the learned Public Prosecutor who placed the case-law on the matter.