STATE Vs. RAMRATAN BHUDHAN

JUDGEMENT

(1.) THESE two references by the learned Sessions Judge of Indore raise a common point, namely, whether a Committing Magistrate Is justified in making a commitment on the basis of Police record under Section 173, Criminal P. C. , without taking any evidence whatsoever. It seems that in both the cases under references, the Magistrate has committed without recording any evidence under Section 207a of the Code and his committal order rests solely on his consideration of the Police papers submitted to the Magistrate under Section 173 of the Code. Since the point involved is common, both the references are disposed by a single order.

(2.) THE Code of Criminal Procedure of 1898 has undergone changes in many important respects by the Criminal Procedure (Amendment) Act 26 of 1955. In Chapter 18, which relates to inquiry into cases triable by the Court of Session or High Court, Section 207a is an altogether new section, designed to introduce changes in the procedure adopted in committal proceedings in cases instituted or, police report. And it is Sub-section (4) of this section in particular which has to be considered.

(3.) ACCORDING to this section, the first thing the Magistrate is to do on receiving the police report is to fix a date for holding an inquiry and this date shall not be later than 14 days from the date of receipt of the report. If the Magistrate fixes any later date, he shall record reasons.