VidhiSangh

Supreme Court of India · 01/07/2026

NEERAJ GUPTA versus PARDEEP KUMAR BANSAL & ORS.

[2026] 7 S.C.R. 481 · 2026 INSC 660

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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

  1. 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

Held

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.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 481.