SUKHA RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The instant petition is directed against the order dated 20.9.2011 passed by the learned Sessions Judge, Merta, Rajasthan whereby the learned Sessions Judge, Merta has quashed the order dated 25.2.2011 passed by the learned Judicial Magistrate committing the case to it for the offences under Sections 323, 325, 308/34 I.P.C.

(2.) Learned counsel for the petitioner contends that the learned Magistrate committed the case which was exclusively triable by the Court of Sessions Judge on the basis of the police report and as such no illegality and irregularity was committed by the Magistrate. He submits that the learned Sessions Judge has reversed the order holding that the learned Magistrate had to examine as to whether the offence triable by the Court of Sessions Judge made out or not. Learned counsel submits that no such enquiry is warranted because Sec. 209 Code Criminal Procedure was clear in this regard that the Magistrate simply has to do as to whether the offence made out is triable by the Court of Sessions or not and nothing beyond that he submits that if such enquiry as to whether an offence triable by the Court of Sessions is made out or not the very purpose of the holding of the Sessions trial will be frustrated. He submits that the order of revisional Court is absolutely illegal.

(3.) Upon consideration of the arguments advanced at the bar and after going through the orders impugned and the decision of this Court in the case of Kishan Lal Vs. The State of Rajasthan reported in 1982 RLW 415 , this Court is of the opinion that the Magistrate had no power to examine the material for holding as to whether a sessions triable offence is made out or not. The Police filed a charge- sheet for the offence under Sec. 308 Indian Penal Code The Apex Court also in the case of Sanjay Gandhi Vs. Union of India reported in 1978 Cri.L.J. 642 has also taken the same view.