MANIBHADRA BAISAKHA Vs. THE STATE

JUDGEMENT

(1.) THIS Criminal Revision is directed against on order of the learned Sessions Judge of Balasore setting aside on order of Shri G.J. Das, Magistrate, first class, Balasore refusing to commit the Petitioner to the Court of Session and discharging him under Section 207 -A(6) of the Code of Criminal Procedure,1898.

(2.) THE Petitioner along with 14 other persons were charge -sheeted by the police for having committed on offence under Section 396, Indian Penal Code. After committal enquiry, the learned Magistrate discharged the Petitioner and one Ahmed Saha on the finding that there was no prima facie evidence against them for commitment and committed the remaining 13 accused persons to the Court of Sessions for undergoing trial under Section 396, Indian Penal Code. On on application filed by the prosecution under Section 437, Code of Criminal Procedure against the Petitioner, the learned Sessions Judge set aside the order of discharge. The operative portion of the order is in the following terms:

(3.) THE offence under Section 396, Indian Penal Code being exclusively triable by a Court of Sessions, the committing Magistrate was required to commit the Petitioner to Sessions, if there was a prima facie case on which the Petitioner could be put on trial. In the present case, the learned Sessions Judge on a review of the evidence recorded at the committal enquiry came to the conclusion that there was sufficient evidence for commitment of the Petitioner. After going through the judgment of the learned Sessions Judge, I cannot say that he was not justified in his conclusion. I see no cogent ground to interfere with the said judgment.