V V RAGHAVULOO Vs. S P E HYDERABAD

JUDGEMENT

(1.) The question that arises in this petition filed under section 482 Cr. P.C., by the accused in Sessions Case 45 of 1976 on the file of the Court of the Metropolitan Sessions Judge, Hyderabad, is whether the order of committal of the accused by the V Metropolitan Magistrate, Hyderabad, under Section 323 I.P.C., read with Section 209 Cr. P.C., is without jurisdiction.

(2.) The Inspector of C.B.I., Hyderabad, filed a charge-sheet against the accused for the alleged offences under sections 120 B/420, 471/467, 471/460, 420, and 472 I.P.C. The charges were framed after examination of the accused and hearing as required under section 240 Cr. P.C. A-1 was chrged under sections 12-B/420, 471/460,420 and 472 I.P.C. .Charges against A-2 were framed under sections 120/B/420 and 419 I.P.C. The charges framed against A-3 were under sections 120-B/420, 419 and 471/468 IPC. It is unnecessary for the purpose of this case to refer to the charges framed against A-4, as he is not a petitioner in this petition. When the case came on for trial the learned Magistrate having regard to the gravity and nature of the offence, and the circumstances of the case, was of the opinion that the case was one that ought to be tried by a Court of Session and, therefore, committed the case to the Court of Session. Hence, this application by the accused.

(3.) The principal and the only contention of the learaed counsel for the accused was that the offences with which the accused are charged are only offences triable by a Magistrate, that there are no offences which are exclusively triable by a Court of Session and, therefore, the committal under S. 323 Cr. P.C., in the circumstances, is without jurisdiction. Section 323 Cr. P.C., under which the case has been committed by the learned Magistrate, reads follows :