ACTING SESSIONS JUDGE Vs. KALAGARA BAPIAH

JUDGEMENT

(1.) The Acting Sessions Judge of Godavari makes this reference under Section 215 of the Criminal Procedure Code for quashing a commitment made to his Court by the Sub-Divisional Magistrate of Ellore under an order made by the High Court under Section 526, Clause (1)(iv), Criminal Procedure Code--the points of law urged by him for quashing the commitment being that the Local Government accorded the sanction under Section 197 of the Criminal Procedure Code for the prosecution of the accused without giving him previous notice and that the sanction accorded does not specify with sufficient clearness the offence for which he is to be prosecuted.

(2.) In my opinion, Section 215 of the Criminal Procedure Code, under which this reference has been made, is inapplicable to the case inasmuch as the commitment in question is not one made under any one of the four sections therein specified, but is one made under the direction of the High Court under Section 523(1)(iv). The case was pending before the Sub-Divisional Magistrate of Ellore who was trying the case (under Chap. XXI, Criminal Procedure Code) on a charge which had been framed against the accused. When the case was pending before the Joint Magistrate of Rajahmundry, before it was transferred by the District Magistrate to Ellore, and on an application made by the accused to the High Court under Section 526 of the Criminal Procedure Code for a transfer of the case, the High Court transferred its trial to the Sessions Court of Rajahmundry and directed the Sub-Divisional Magistrate to commit the- accused for trial to that Court. It will be observed that under Secs.430 and 526 of the Criminal Procedure Code, a commitment may be made without a charge against the accused (Vide Section 226 of the Criminal Procedure Code) and neither of these sections is specified in Section 215. The order of a Sessions Judge or District Magistrate passed under Section 436 directing commitment can be quashed by the High Court in the exercise of its revisional powers, though not under Section 215 ; but an order passed by the High Court itself under Section 526 cannot be so revised. The case which has been thus committed to the Sessions Judge for trial should be disposed of by him according to law and it will, of course, be competent to him to discharge the accused, if, in his opinion, the points of law urged by him be well-founded.

(3.) Even if it were competent to the High Court to quash the Commitment under Section 215 of the Criminal Procedure Code or under any other power, I see no sufficient reason to do so as, in my opinion, neither of the grounds urged by the Sessions Judge is well-founded.