SHRIRAM & OTHERS versus THE STATE OF BOMBAY

SHRIRAM & OTHERS versus THE STATE OF BOMBAY

Magistrate may commit the accused to Sessions Court without examining witnesses if the prosecution does not produce any; commitment based on documents under Section 173 is valid and within jurisdiction under Section 207A of the Criminal Procedure Code.

Parties
Appellant: Shriram & Others; Respondent: The State of Bombay
Jurisdiction
India
Judgment Date
05 December 1960
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeals dismissed
Legal Topics
Committal Proceedings, Interpretation of Section 207 a, Criminal Procedure Code, Judicial Discretion
Criminal Law Committal Proceedings Interpretation of Section 207 A, Criminal Procedure Code Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Shriram & Others

Appellant

The State of Bombay

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Magistrate has jurisdiction to commit accused to Sessions Court without examining witnesses under Section 207A(4) of Criminal Procedure Code
  2. 2 Interpretation of Section 207A of Criminal Procedure Code

Ratio Decidendi

Magistrate may commit the accused to Sessions Court without examining witnesses if the prosecution does not produce any; commitment based on documents under Section 173 is valid and within jurisdiction under Section 207A of the Criminal Procedure Code.

Court Disposition

Appeals dismissed

Orders

  • Appeal fails and is dismissed with costs