KALYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the FIR lodged by petitioner Kalyan Singh, police investigated the matter and filed a charge-sheet against the accused respondents for the offence u/ss 447, 323, 325, 307/34 Penal Code in the court of learned Judicial Magistrate, First Class, Sumerpur. The learned Magistrate by the impugned order dated 6.4.02 has refused to take cognizance against the accused respondents for the offence u/s. 307 IPC. He has, however, taken cognizance against the accused respondents for the offence u/ss 447, 323, 325/34.

(2.) In my Mew, it is not open for the committal Court to launch on a process of satisfying itself that a prima facie case is made out on merits. At this stage, it cannot look into the papers. The proper stage for ascertaining if the case is triable by the Court of sessions or not, is after committal u/s 227 CrPC. I am fortified in my view by the decision of the Apex Court in Sanjay Gandhi Vs. Union of India, reported in 1978 SCC (Cri) 172 .

(3.) Consequently, the Misc. Petition is allowed. The order of the learned Judicial Magistrate, Sumperur dated 6.4.2002 is quashed and set aside. The learned Magistrate is directed to commit the case to the Court of Sessions. It will be open for the parties to address the Sessions Court, if a charge can be framed for the offence u/s 307 IPC. Petition Allowed.