SUKH LAL Vs. STATE

JUDGEMENT

(1.) THIS is an application Under Section 215, Cr. PC by the petitioner Sukhlal, and has arisen under the following circumstances.

(2.) THE present petitioner, along with one other person with whom we are not concerned for the purposes of the present revision, has been committed by the Extra Magistrate, Banswara, to stand his trial Under Section 3u2 read with Section 109, Penal Code in the Court of the Additional Sessions Judge, Banswara. This application has been filed on his behalf for quashing the order of commitment, mainly, on the ground that there is no evidence, worth the name on the basis of which the Magistrate could have committed the accused.

(3.) A preliminary objection was raised by the learned Deputy Government Advocate that the petitioner should have submitted his application in the first instance before the learned Sessions Judge concerned, and then come up to this Court, and that as this has not been done, this Court should refuse to go into the merits of this application. On the other hand, it was strenuously contended on behalf of the petitioner that Under Section 215, Cr. PC a commitment once made Under Section 213 by a competent Magistrate could be quashed by the High Court only and only on a point of law, and, therefore, the only proper course for him was to bring the matter up to this Court in the very first instance and the preliminary objection was without any substance and should be overruled.