IN RE: KATHARI LAKSHMAYYA AND ORS. Vs. STATE

JUDGEMENT

(1.) THE petition in this case is in substance to quash the commitment of the petitioners to take their trial at the Sessions Court by the Additional District Magistrate of Ellore. The charge -sheet filed by the police was enquired into by the Stationary Sub -Magistrate of Narasapur under the provisions of Chapter XVIII of the Code of Criminal Procedure. But when the prosecution evidence has been led and, after hearing the arguments of both parties, he decided that no case had been made out of an offence under Section 307 and accordingly framed charges under Sections 147, 323 and 325 of the Indian Penal Code and converted, as he says, the case to a calendar case triable by himself. The Stationary Sub -Magistrate embodied his decision to frame charges against the accused only under Sections 147,323 and 325 of the Indian Penal Code in an order which he passed on the 30th March, 1944. The order of the Additional District Magistrate now under consideration was passed on an application to him to revise the order of the Stationary Sub -Magistrate of the 30th March, 1944, and to direct commitment of the accused to the Court of Sessions for trial under the charge of attempted murder as well as the other charges.

(2.) THE commitment was made under Section 213 of the Code of Criminal Procedure and under Section 215 a commitment made under Section 213 can be quashed by the High Court only on a point of law. I propose, therefore, to say nothing of the merits of the case. The point of law taken is that the Additional District Magistrate was not competent to entertain the revision petition and to order commitment because the case before the Stationary Sub -Magistrate was still proceeding, and because as I understand the contention, the Sub -Magistrate might still elect to commit the case himself. In. support of the contention I have been referred to the decision of the Bench of this Court in Gandiappa Razu v. King -Emperor, (1919) 38 M.L.J. 194 :, I.L.R. 43 Mad. 330. This case has no application in so far as it is contended that it assists the petitioner. On the contrary, it is authority for the view that the Additional District Magistrate had jurisdiction to make the commitment of the accused which he did. The real question in Gandiappa Razu v. King -Emperor, (1919) 38 M.L.J. 194 :, I.L.R. 43 Mad. 330 was whether a prior order made on an application to the District Magistrate precluded the Sessions Judge, when an application was made to him, from directing the commitment of the accused. It was held that it did not, because the trial of the case was at a different stage when the application was made to the District Magistrate and when it was made to the Sessions Judge and because the District Magistrate had refused to consider the application on its merits. The learned Judges who decided Gandiappa Razu v. King -Emperor, (1919) 38 M.L.J. 194 :, I.L.R. 43 Mad. 330, however, were of the opinion that the commitment by the Sessions Judge was correct. In the case which was under consideration in Gandiappa Razu v. King -Emperor, (1919) 38 M.L.J. 194 :, I.L.R. 43 Mad. 330 the case had been taken on file under Sections 147 and 304, but a charge had been framed under Section 147 only. The accused, therefore, had in effect been discharged in respect of the offence under Section 304, and from the judgment of Krishnan, J., in Gandiappa Razu v. King -Emperor, (1919) 38 M.L.J. 194 :, I.L.R. 43 Mad. 330, it appears that the Sessions Judge was held to have been competent to make the order which he did because the accused had been discharged in respect of the offence under Section 304. In the present case, both the order passed by the Magistrate and the charge which he has framed show that, as far as the charge under Section 307 is concerned, the accused was discharged. The Additional District Magistrate, in my opinion, was therefore competent to set aside this order of discharge and direct that the accused be committed to take their trial at the Sessions Court.