RAMANAND GAURO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application u/s. 482 of the Cr.P.C. has been filed for quashing the order dated 8.5.2003 passed by the learned 7th Additional Sessions Judge, West Champaran, Bettiah by which non - bailable warrant of arrest has been issued against the petitioners as well as the order dated 26.8.92 by which the case of the petitioners was committed to the court of sessions.

(3.) THE case is committed to the court of sessions under the Provisions of Sec. 209 of the Code of Criminal Procedure. Section 209 runs as follows: "Commitment of case to Court of Sessions when offence is triable exclusively by it. '' When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall '' (a) commit, after complying with the provisions of Sec. 207 or Sec. 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made; (b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of the trial; (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) notify the Public Prosecutor of the commitment of the case to the Court of Sessions.