HAJI AHMAD MIR Vs. ALI MOHD GANAI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 27th Oct. 1980 passed by learned Sessions Judge, Badgam, in criminal complaint No 61, titled Haji Ahmad Mir Vs Ali Mohd Ganai and others under sectons 471, 468, 496 R. C P. etc whereby he has discharged the accused respondents and consigned the file to records.

(2.) FROM a perusal of record, it transpires that a criminal complaint titled Haji Ahmad .Mir Vs Ali Mohd Ganai and others for offences under sections 471, 468, 496, 200 and 500 R. P. C was instituted in the court of Chief Judicial Magistrate, Srinagar on 22nd of May, 1979 The learned Chief Judicial Magistrate, after recording the preliminary statements of some witnesses in support of the complaint took cognizance of the case. The complaint was, later on, transferred by the learned C. J. M Srinagar to Chief Judicial Magistrate, Badgam, in view of the fact that the court at Badgam had come into existence at that time. The learned Chief Judicial Magistrate, Badgam, later on, committed the case to the court of Sessions Judge, Badgam The learned Sessions Judge, Badgam vide order impugned in the revision petition discharged the respondent. Aggrieved the petitioner -complaint has come to this court in revision

(3.) , Section 205 -D of the Code of Criminal Procedure as amended by the Amending Act of 1978, reads as follows "205 -D. COMMITMENT OF CASE TO COURT OF SESSIONS WHEN OFFENCE IS TRIABLE EX -CLUSIVELY BY IT ; - When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate Mand if appears to the Magistrate that the offence is triable exclusively by the court of Sessions, he shall..... - - a) commit the case to the court of Sessions; 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 of the court of sessions." After the case is committed, whether it is instituted on the police report or otherwise, the Trial before the court of Sessions has to start in the manner provided in Chapter XXIII of the Amended Code oCriminal Procedure. Sections 266, 267 and 268 of the Amended Code of Criminal Procedure read thus : - "266. TRIAL TO BE CONDUCTED BY PUBLIC PROSECUTOR : - In every trial before a court of sessions, the prosecution shall be conducted by a Public Prosecutor. 267. OPENING CASE FOR PROSECUTION : - When the accused appears or is brought before the court in pursuance of a commitment of the case under section 205 -D the prosecutor , shall open his case by described the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. 268. Discharge: - If upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing "