K V VENKATARAMANIER Vs. VARADARAJULU CHETTY

JUDGEMENT

(1.) I am unable to accept this reference. With all respect to King, J., I am unable to follow the reasoning in Rajaratnam Pillai In re , Criminal Procedure Code, is concerned with extra-judicial information, knowledge or suspicion and it has nothing (in my opinion) to do with knowledge gathered by a. Magistrate in open Court from the evidence of witnesses given during a trial. If a Magistrate begins a trial as a Summons Case and then finds that an offence triable only under Warrant Case procedure has been committed, he is, I think, bound to apply Warrant Case procedure thenceforward and he is not in any way disqualified from proceeding with the trial. Let the papers be returned and the case proceed.