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PETITIONER: SHRIRAM & OTHERS
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 05/12/1960
BENCH: SUBBARAO, K. BENCH: SUBBARAO, K. IMAM, SYED JAFFER DAYAL, RAGHUBAR
CITATION: 1961 AIR 674 1961 SCR (2) 890 CITATOR INFO : R 1965 SC 712 (8) RF 1966 SC 595 (11) R 1976 SC 263 (13)
ACT: Criminal Trial--Commitment--If can be made without recording any evidence--Duty of Committing Court--Code of Criminal Procedure, 1898 (V of 1898), s. 207--A.
HEADNOTE: On the date fixed for the inquiry the prosecution intimated to the Magistrate that it did not intend to examine any witness in the Magistrate’s Court. The Magistrate adjourned the inquiry to consider whether it was necessary to record any evidence before commitment. On the adjourned date he expressed his opinion that no witnesses need be examined, framed charges against the appellants and committed them to the Sessions Court. The appellants contended that the Magistrate had’ no jurisdiction to commit them to Sessions without examining witnesses under sub-s. (4) of s. 207-A of the Code of Criminal Procedure. Held, that the order of commitment was valid and the Magistrate had jurisdiction to make it ’Without recording any evidence. The position under s. 207-A of the Code is that: (i) the Magistrate is bound to take evidence of only such eye-witnesses as are act...