Tagged: Criminal Procedure Code
Under sec 323 crpc, except in the case of cross case (air 2001 sc 826), can a magistrate commit a case involving offence which is not exclusively triable by session court? If yes, (a) then under what circumstances and, (b) whether the session court is bound to proceed with the case or can reject the order of magistrste commuting it ( if can be rejected then under what provision )?
Your question appears to be purely academic question which we generally do not answer. Instead of asking us to enumerate all circumstances in which the Magistrate can commit a case to the Sessions Court under Section 323 Cr.P.C. (other than in counter-case scenario), you should have rather narrated the situation in your own case if the Magistrate had committed the case in your case and then asked whether that was justifiable.
Please do not ask such academic questions on the forum since we do not have time to deal with such issues and since this forum is meant mainly for helping people having genuine legal problems being faced by them. You may please consult any good book on Cr.P.C. (such as the multi-volume Sohoni’s Cr.P.C.), may be from library, where such academic questions are dealt with in detail. I may only add (in brief) that power given in Section 323 Cr.P.C. is of a wide character and can be exercised in appropriate cases where it appears to the Magistrate that the case ought to be tried by the Court of Session, he may commit it to that Court. I may also point out that the power under Section 323 Cr.P.C. is NOT confined only to the cases which can be committed under Section 209 Cr.P.C. Lastly, let me also add that Section 323 Cr.P.C. is a very rarely used provision.
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