KRISHNA Vs. STATE OF MYSORE
HIGH COURT OF KARNATAKA
STATE OF MYSORE
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PADMANABHIAH, J. -
(1.)This is a revision petition preferred by the Petitioners accused 1 and 2 against the order of the learned City Magistrate, Bangalore, in C. C. No. 1912 of 1956, committing them to the Court of Session, Bangalore, to take their trial for offences under Sections 302, 307, 457, 380, 392, 394, 397 and 460 read with Section 34 of the Indian Penal Code.
(2.)The facts that have given rise to this petition are briefly as under : The Petitioners and another by name Govinda Reddy were the accused in C. C. 1912 of 1956 on the file of the learned City Magistrate, Bangalore. As pome of the offences charge-sheeted were exclusively triable by a Court of Session, the procedure laid down in Section 207-A of the Criminal Procedure Code was followed. On the side of the prosecution, no evidence was adduced but on a perusal of the documents referred to under Section 173 of the Criminal Procedure Code and produced on the side of the prosecution, the learned Magistrate came to the conclusion that a prima facie case was made out against the accused and he accordingly framed charges against them for the offences referred to above and committed them to take their trial before the Court of Session for the said offences. As against that order of committal, the present petition is filed.
(3.)The main point that arises for consideration is whether there are sufficient grounds for quashing the order of commitment made by the learned City Magistrate. The most important ground of attack against the order of committal urged on the side of the Petitioners is that Section 207-A (4) Cr. P. C. contemplates the recording of evidence by the Magistrate, that the provisions of that section are mandatory, that the evidence referred to therein has not been taken and that the order of committal made solely 011 the basis of the documents produced by the prosecution and referred to in Section 173 Cr. P. C. is illegal. We have carefully considered the arguments advanced by the learned counsel for the Petitioners and we are of opinion that there is no substance in the present petition.
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