MAKOOL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The main and clinching issue springing for determination is whether it was open to the committal Magistrate to launch on a process of meticulous examination of the evidence adduced by the complainant under Section 200 and 202, Cr. P. C., if the case is triable by a Court of session?

(2.) This issue arises in the following circumstances-

(3.) Mr. S. R. Bajwa, learned Senior Counsel appearing for the complainant vehemently canvassed that offence under Section 436, IPC is exclusively triable by Court of Sessions and it was obligatory for the ACJM to send the case for trial to the Court of session. The evidence was not required to be meticulously examined. Reliance was placed on AIR 1986 SC 1780 and 1992 Cri LR (Raj) 116 : (1993 Cri LJ 1274).