SANJAY GANDHI versus UNION OF INDIA AND ORS.

SANJAY GANDHI versus UNION OF INDIA AND ORS.

The Committing Magistrate is limited to ascertaining whether the case, as disclosed by the police report, is triable solely by the Court of Session; he cannot discharge the accused or delve into merits except where a statutory provision allows (e.g., Section 306 for approvers). Sufficient opportunity for inspection was granted, and further delay is not warranted.

Parties
Petitioner: Sanjay Gandhi; Respondent: Union of India; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
14 February 1978
Procedural Posture
Civil Miscellaneous Petition / Original Jurisdiction
Outcome
Petition rejected
Legal Topics
Committal Proceedings, Sessions Trials, Rights of Accused
Criminal Law Criminal Procedure Committal Proceedings Sessions Trials Rights of Accused

Case Brief

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Parties

Sanjay Gandhi

Petitioner

Union of India

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Miscellaneous Petition / Original Jurisdiction

Legal Issues

  1. 1 Duties of the Committal Court under the Criminal Procedure Code when offence is triable exclusively by the Court of Sessions
  2. 2 Whether the accused is entitled to cross-examination of witnesses and inspection of records prior to committal
  3. 3 Magistrate's power to discharge accused and examination of merits in committal proceedings

Ratio Decidendi

The Committing Magistrate is limited to ascertaining whether the case, as disclosed by the police report, is triable solely by the Court of Session; he cannot discharge the accused or delve into merits except where a statutory provision allows (e.g., Section 306 for approvers). Sufficient opportunity for inspection was granted, and further delay is not warranted.

Court Disposition

Petition rejected

Orders

  • The Committing Magistrate to start hearing and examine approvers from 20-2-1978 onwards.
  • Magistrate is allowed four days extension beyond the previous date fixed for commitment of the case, with similar extension for the remainder of the period.