R.C.Deepak, J. - (1.) Heard Dr. S.B. Singh, learned counsel for the petitioner, learned Addl. Government Advocate for the State and perused the record including the impugned order dated 12.7.2005.
(2.) By my last order I remanded the case back to the court of sessions for reconsideration the facts on record including the fact that after the submission of the charge-sheet X-Ray examination approved that the parietal had on linear fracture. The contention of the learned counsel then as well as is that the offence is the serious in nature as the injury caused to the skull is grievous. The blow has been sufficient to cause such a fracture the knowledge on the part of the accused person specially the one who is the author of the injury that it could have caused death as well. Now after receiving the order of the remand the learned Session Judge who was to retire shortly took refuse behind Section 323 Cr.P.C. to circumvent the order of this court.
(3.) So far as the Section 323 Cr.P.C. is concerned it empowers the judicial Magistrate to commit any case to the court of session on any of the two stages either during the inquiry proceeding or in the midst of the trial. He can do it even at the stage of the judgment. There is such bar upon him prescribed by the section.;