Summary
In a complaint case involving an offence exclusively triable by the Court of Session (including Section 302 IPC), the Magistrate is not required to record prosecution evidence under Section 244 CrPC before committal; Section 244 applies to warrant cases triable by the Magistrate. The High Court's order remanding the case to the Magistrate for pre-charge evidence was set aside and the revision petitions were remitted for fresh decision.
Issues
- Whether, in a case instituted on a complaint for an offence exclusively triable by the Court of Session, the Magistrate must record prosecution evidence under Section 244 CrPC before committing the case under Section 209 CrPC.
Provisions considered
- Section 244, Code of Criminal Procedure, 1973Held to govern the procedure in warrant cases triable by a Magistrate instituted otherwise than on police report; the authorities relied on by the High Court applying it concerned Magistrate-triable offences and did not require pre-committal evidence in sessions-triable cases. (¶¶ 4, 6, 7.3, 8, 8.1, 8.2, 8.3, 13)
- Section 209, Code of Criminal Procedure, 1973Read as requiring the Magistrate, once it appears the offence is exclusively triable by the Court of Session, to commit the case after compliance with Sections 207/208; the role is limited and does not involve taking evidence or examining merits, the old Code's committal inquiry having been consciously dropped. (¶¶ 7.2, 10, 11, 12, 12.1, 12.2)
- Section 200, Code of Criminal Procedure, 1973Reproduced as the provision for examining the complainant and witnesses on taking cognizance on complaint; the process in this case had been initiated under it before summoning and committal. (¶¶ 3.2, 7.1)
Held
- Section 244 CrPC, requiring the Magistrate to take all prosecution evidence, applies to warrant cases triable by the Magistrate instituted otherwise than on police report. Ajoy Kumar Ghose, Sunil Mehta and Harinarayan G. Bajaj, relied on by the High Court, concerned Magistrate-triable offences or other questions and do not support requiring such evidence in sessions-triable cases. (¶¶ 7.3, 8, 8.1, 8.2, 8.3)
- At the committal stage under Section 209 CrPC, the Magistrate only sees whether the offence is exclusively triable by the Court of Session and takes no evidence; the Legislature consciously did away with the committal inquiry of the 1898 Code, and the Magistrate's role is narrow and largely administrative (Hardeep Singh, Ashutosh Ghosh, Sanjay Gandhi, Debendra Nath Padhi, Rattiram). (¶¶ 10, 11, 12, 12.1, 12.2)
- Requiring pre-committal evidence would make witnesses depose to the same facts at least twice, which serves no purpose and is not mandated by law; the High Court's remand to the Magistrate to comply with Section 244 proceeded on an erroneous reading of the law. (¶¶ 9, 13)
Result
Appeal allowed; impugned High Court order set aside; the complainant's revision against discharge of two accused and the second respondent's petition remitted to the High Court for fresh, independent decision within nine months; parties to appear on 16.07.2026.