ABDUL AHAD CHOUDHURY Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The accused peti-tioner charged with offence under Sections 489(B)/489(C) IPC, without being commit-ted by the Magistrate concerned and hav-ing been forced to stand trial before the Court of Additional District and Sessions Judge, Aizawl in Mizoram approaches this Court mainly for quashing the criminal pro-ceeding on the ground of violation of provi-sions under Section 209 Cr.P.C. and pre-cisely on the ground that committal by the Magistrate is a must, if the offence is exclu-sively triable by the Court of Sessions. This claim is based on prosecution case narrated as under:

(2.) I have heard Md. M.M. Ali, learned counsel appearing for the petitioner and Mr. N. Sailo, learned Public Prosecutor, appear-ing on behalf of the State of Mizoram.

(3.) Mr. Ali, learned counsel for the peti-tioner submits that-