THAKUR RAM versus THE STATE OF BIHAR

THAKUR RAM versus THE STATE OF BIHAR

Sessions Judge has jurisdiction under s.437 Cr.P.C. to direct commitment even in the absence of express discharge by Magistrate, but exercise of such power is discretionary and must be judicial; in the facts of this case, commitment was wrongly ordered due to delay and lack of prosecution's locus standi.

Parties
Appellant: Thakur Ram; Respondent: The State of Bihar
Jurisdiction
India
Judgment Date
26 November 1965
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment in Criminal Revision
Outcome
Appeals allowed
Legal Topics
Revision Powers, Committal Procedure, Jurisdiction of Sessions Judge, Discharge by Magistrate
Criminal Law Criminal Procedure Revision Powers Committal Procedure Jurisdiction of Sessions Judge Discharge by Magistrate

Case Brief

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Parties

Thakur Ram

Appellant

The State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment in Criminal Revision

Legal Issues

  1. 1 Whether Sessions Judge has jurisdiction under s.437 Cr.P.C. to direct committal to Sessions Court in absence of express discharge by Magistrate
  2. 2 Whether refusal of Magistrate to commit constitutes implied discharge for the purposes of revisional jurisdiction

Ratio Decidendi

Sessions Judge has jurisdiction under s.437 Cr.P.C. to direct commitment even in the absence of express discharge by Magistrate, but exercise of such power is discretionary and must be judicial; in the facts of this case, commitment was wrongly ordered due to delay and lack of prosecution's locus standi.

Court Disposition

Appeals allowed

Orders

  • Orders of Sessions Judge quashed
  • Affirmed by High Court quashed