K T KESHAN Vs. EMPEROR

JUDGEMENT

(1.) THE Subdivisional Magistrate of Begusarai has in this case made a commitment to the Court of Session under Section 446, Criminal P.C., without holding any preliminary inquiry under Oh. 18 of the Code. Before the Magistrate makes a commitment under Section 446(1), Criminal P.C., he must consider whether there are grounds for discharging the accused under Section 209 or Section 253, Criminal P.C., and he cannot do this without taking the evidence for the prosecution.

(2.) THE commitment is therefore quashed and the case is remanded to the Subdivisional Magistrate for inquiry preliminary to commitment, on the completion of which he will be in a position to say whether the accused ought to be discharged or committed for trial.