JAHIRUDDIN KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioners have moved this Court for quashing of an order of framing charge under Sections 147/148/149/308 of the Indian Penal Code in connection with a Sessions Case, now pending for trial before the Learned Additional Sessions Judge, Tamluk. It is a case where the charge-sheet was submitted under Sections 147/148/149/323 of the Indian Penal Code, however, the Learned Magistrate before whom such charge-sheet was submitted having found that on the evidentiary materials collected during investigation a sessions triable case has been made out committed the case to the Court of Sessions. Thereafter, the Court of Sessions framed charge under Sections 147/148/149/308 of the Indian Penal Code, hence this criminal revision.

(2.) Appearing on behalf of the petitioners, Mr. Siladitya Sanyal vehemently urged before this Court when the charge-sheet has been submitted in respect of Magistrate triable offences, the Learned Magistrate has no jurisdiction to commit the case to the Court of Sessions without taking recourse to Section 323 of the Code of Criminal Procedure. He further submitted the order of framing charge under Section 308 of the Indian Penal Code is absolutely against the materials on record. Thus, Mr. Sanyal prayed for quashing of the charge under Section 308 of the Indian Penal Code.

(3.) So far as the first submissions of Mr. Sanyal is concerned, I do not find any wrong in the approach of the Learned Magistrate in committing the case to the Court of Sessions. It is well settled that no Court is bound by the conclusion arrived at by the Investigating Agency and it is the duty of the Court before whom charge-sheet is submitted to see on the evidentiary materials collected by the police during investigation what offence has been actually made out and in case the Court find that on the face of those materials a sessions triable offence has been made out there is no legal bar to commit the case to the Court of Sessions.