BIPAT GOPE versus STATE OF BIHAR

The Magistrate erred by conducting a detailed examination and disbelieving evidence, thereby exceeding the jurisdiction conferred by s. 207A(6) CrPC, which only allows inquiry to determine if there is a prima facie case to be tried by the Court of Session; thus, the High Court rightly set aside the discharge order.

Parties: Appellant: Bipat Gope; Respondent: State of Bihar
Jurisdiction: India
Judgment Date: 01 February 1962
Procedural Posture: Criminal Appeal / Appeal by Special Leave From Judgment and Order of Patna High Court in Criminal Revision No. 1243 of 1959
Outcome: Appeal dismissed
Legal Topics: Criminal Procedure – Discharge and Committal Proceedings, Jurisdiction of Magistrate Under S. 207 A(6) Cr PC

Criminal Law Criminal Procedure – Discharge and Committal Proceedings Jurisdiction of Magistrate Under S. 207 A(6) Cr PC

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Parties

Bipat Gope

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order of Patna High Court in Criminal Revision No. 1243 of 1959

Legal Issues

1 Whether the Magistrate exceeded his jurisdiction under s. 207A(6) of the Code of Criminal Procedure by disbelieving prosecution evidence and discharging the accused without committing them to the Court of Session

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed; order of the Patna High Court affirmed.
Trial to proceed expeditiously; expressions of opinion on merits in previous orders to be ignored by lower courts.