STATE OF JAMMU AND KASHMIR Vs. SURESH KOHLI
LAWS(J&K)-1993-5-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 20,1993

STATE OF JAMMU AND KASHMIR Appellant
VERSUS
SURESH KOHLI Respondents

JUDGEMENT

KAUL, J. - (1.)Upon the committal order of Chief Judicial Magistrate Jammu, the learned Sessions Judge Jammu transferred the case to the learned 1st Additional Sessions Judge Jammu for trial of the accused in accordance with law. On receipt of the case the said Additional Sessions Judge suo motor proceeded in the matter in its revisional jurisdiction and adjudicated upon the matter within the provisions of law as envisaged under S. 435, Cr. P.C. and made a reference to this court for confirmation, holding that the order of commitment being violative of Sub-Sec. 2 of S. 337 of the Criminal Procedure Code, be quashed with a direction to the Chief Judicial Magistrate Jammu to hold committal proceedings afresh in accordance with law.
(2.)One of the learned single Judges of this Court while admitting the reference to hearing observed that the reference raised two important questions to be determined which reads as under :-
1. Whether an Additional Sessions Judge is competent to make a reference suo motu under S. 438, Cr. P.C. for setting aside an order of commitment passed by the Judicial Magistrate;

2. Whether there is any conflict between S. 205(b) and S. 337 of the Criminal Procedure Code, if so what should be their harmonious interpretation so as to enable the committing Magistrate or the trial court to record the statement of the Approver.
He, therefore, referred the matter to a larger Bench for an authoritative pronouncement and the case came up before us for hearing on the aforementioned points.
(3.)A charge sheet was presented in the Court of Chief Judicial Magistrate Jammu on 21-7-1984 against the accused who were alleged to have committed the offences under Ss. 120-B RPC read with Ss. 420, 419, 467, 468/471, RPC by the CIB Jammu. Undoubtedly the offences under Ss. 120-B, RPC, 467 and 471 RPC were exclusively triable by the Court of Session Judge, Jammu. The Magistrate in that case had to ordinarily commit the accused to the Sessions for standing a trial before the learned Sessions Judge in accordance with law.


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