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PETITIONER: RAMGOPAL GANPATRAI RUIA & ANOTHER
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 08/10/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. MENON, P. GOVINDA KAPUR, J.L.
CITATION: 1958 AIR 97 1958 SCR 618
ACT: Sessions Trial-Commitment Proceeding-Order of discharge by Presidency Magistrate-High Court, if can set aside such order and direct commitment-High Court’s Power of revision--’Sufficient grounds,’ meaning of-Duty of Committing Magistrate-Code of Criminal Procedure (Act V of 1898) ss. 439, 209, 210, 213.
HEADNOTE: The High Court has ample power under S. 439, read with S. 435, of the Code of Criminal Procedure to revise an order of discharge made by a Presidency Magistrate in a commitment proceeding, and to direct the committal of the accused person to the Court of Session. Section 439 of the Code contemplates all the powers of an Appellate court under S. 423. Of the Code, except the power to convert a finding of acquittal into one of conviction and that such powers may be exercised in the case of any proceeding. There is, therefore, no basis for the proposition that the High Court can revise only such orders as are made appealable by the Code. Malik Prata...