SUDHLR AND ORS. versus STATE OF M.P.

SUDHLR AND ORS. versus STATE OF M.P.

When case and counter case arising from the same incident are committed to Sessions Court, if one involves offence exclusively triable by Sessions Court and the other does not, both must be tried by the Sessions Judge; the Judge need not transfer the non-exclusively triable case to Chief Judicial Magistrate.

Parties
Appellant Accused: Sudhir and Others; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
02 February 2001
Procedural Posture
Criminal Appeal / Appeal From High Court Revision Order
Outcome
Appeal allowed in S.L.P. (Crl) No.4007 of 2000, appeal disposed of in S.L.P. (Crl) No.3840 of 2000
Legal Topics
Cross Cases, Sessions Court Jurisdiction, Case Transfer, Code of Criminal Procedure Sections 26, 228, 209, 323
Criminal Law Cross Cases Sessions Court Jurisdiction Case Transfer Code of Criminal Procedure Sections 26, 228, 209, 323

Case Brief

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Parties

Sudhir and Others

Appellant Accused

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Revision Order

Legal Issues

  1. 1 Whether Sessions Judge must transfer to Chief Judicial Magistrate a committed cross case not involving offence exclusively triable by Court of Sessions
  2. 2 Interpretation of sections 26, 228(1), 209, and 323 of the Code of Criminal Procedure in the context of cross cases

Ratio Decidendi

When case and counter case arising from the same incident are committed to Sessions Court, if one involves offence exclusively triable by Sessions Court and the other does not, both must be tried by the Sessions Judge; the Judge need not transfer the non-exclusively triable case to Chief Judicial Magistrate.

Court Disposition

Appeal allowed in S.L.P. (Crl) No.4007 of 2000, appeal disposed of in S.L.P. (Crl) No.3840 of 2000

Orders

  • Order of High Court and Sessions Court transferring the second case set aside
  • Sessions Court to try and dispose of both cases in accordance with procedure indicated in Nathi Lal's case