LAWS(ORI)-1971-7-30

BISHNU CHARAN MOHAPATRA AND ANR. Vs. MSHESWAR SAHU

Decided On July 27, 1971
Bishnu Charan Mohapatra And Anr. Appellant
V/S
Msheswar Sahu Respondents

JUDGEMENT

(1.) THE two Petitioners have been committed to stand their trial in the Court of Session for an offence punishable under Section 326, Indian Penal Code by the learned Sub -Divisional Magistrate of Jagat singh pur.

(2.) IN G.R. Case No. 325 of 1969 which was one under Section 326, Indian Penal Code the accused parsons had already been committed to the Court of sessions after a full -fledged enquiry under Section 207 -A, Code of Criminal Procedure when this complaint Case came up before the learned Magistrate he found that it was the counter case to the aforesaid G.R. Case and since that bad already been committed to the Court of sessions the learned Magistrate without making any enquiry and taking any evidence committed the Petitioners to stand Their trial in the Court of sessions. This Action of The learned Trying Magistrate is questioned in The present petition.

(3.) I would, however, like to make it clear that it is open to the learned Magistrate in case he is moved by the complainant to take immediate steps to record evidence in the manner required under the law and in case he is satisfied that there be need to make commitment, he would commit the case in accordance with law. Unless such commitment be over within two months the learned sessions Judge shall be free to proceed with the trial of the case already committed without waiting for Action in this case. The revision application is allowed.