SWAROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Single Judge has referred these three cases to this Bench for authoritative pro-nountement of a Division Bench on a question whether proceedings taken under Section 209 of the Code of Criminal Procedure, 1973, fall within the ambit of the definition of the term 'inquiry' as used in Section 309 of the Code. All these references involve a common question of law and therefore they are being disposed of by this single order.

(2.) THE police put up a challan before the committing court under Section 302/ 149, I. P. C. The learned Magistrate instead of committing the accused persons to the Court of Session adjourned the proceedings under Section 209 and remanded the accused persons to custody. In an application for granting of bail the learned Counsel for the petitioner has raised this question whether the Magistrate before whom the challan has been put up has jurisdiction to adjourn the proceedings under Section 209, Cr. P. C. and if he does so then can he remand the accused persons to custody under Section 309, Cr. P. C. According to Mr. Bhimraj, proceedings taken under Section 209 cannot come within the term 'inquiry' as used in Section 309, Cr. P. C.

(3.) IN order to decide this controversy, it will be relevant to refer to Sections 209 and 309. These sections read as follows: Section 209, Commitment of case to Court of Session 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-