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 Sections 200 and 202, Cr.P.C. if the case is triable by a Court of Sessions?

(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. I.P.C. is exclusively triable by Court of Sessions and it was obligatory for the Additional Chief Judicial Magistrate to send the case for trial to the Court of Sessions. The evidence was not required to be meticulously examined. Reliance was placed on A.I.R. 1986 5. C. 17801 and 1992 Cr.L.R. (Raj) 1162.