THE STATE OF UTTAR PRADESH versus SHAWKAR AND ANOTHER

THE STATE OF UTTAR PRADESH versus SHAWKAR AND ANOTHER

The words of section 423(1)(b) of the Code of Criminal Procedure are clear in empowering the appellate court to order commitment for trial to the Court of Session, and such power is not limited only to cases exclusively triable by the Court of Session. The High Court erred in holding otherwise.

Parties
Appellant: The State of Uttar Pradesh; Respondents: Shankar and another
Jurisdiction
India
Judgment Date
15 February 1962
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order of High Court in Criminal Revision
Outcome
Appeal allowed
Legal Topics
Appellate Powers, Commitment to Sessions, Interpretation of Code of Criminal Procedure
Criminal Law Appellate Powers Commitment to Sessions Interpretation of Code of Criminal Procedure

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 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The State of Uttar Pradesh

Appellant

Shankar and another

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of High Court in Criminal Revision

Legal Issues

  1. 1 Whether a Sessions Judge hearing an appeal from a Magistrate's conviction has the power to direct commitment of the accused to the Court of Session under section 423(1)(b) of the Code of Criminal Procedure, 1898.

Ratio Decidendi

The words of section 423(1)(b) of the Code of Criminal Procedure are clear in empowering the appellate court to order commitment for trial to the Court of Session, and such power is not limited only to cases exclusively triable by the Court of Session. The High Court erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Order of the Sessions Judge restored