GOPAL KASHIAH Vs. STATE

JUDGEMENT

(1.) This revision challenges the jurisdiction of the Magistrate to commit a case which is tried by him under Section 251-A Cr. P. C. without recording the evidence by adopting the procedure prescribed for committal under Section 207-A. Cr. P. C.

(2.) Mr. Sarmas contention is that in a ease which is initially tried as a warrant case under Section 251-A on a Police Report, if the Magistrate conies to the conclusion that it is a case to be tried by the Sessions Court, he should commit it under Section 347 Cr. P C. only by adopting the procedure under Section 251-A by recording the evidence of all the witnesses. Section 347 Cr. P C. is in the following terms:

(3.) I am, therefore, of opinion that under Section 347 Cr. P. C. the Magistrate can commit a case such as the one before me without; having the necessity of recording the evidence of all the witnesses, who are going to be examined in the Sessions Court as if it is a trial of a warrant case by the application of Section 251-A Cr. P. C.