- (1.)This Criminal Revision is directed against the order dated 6th of March 2007, passed by learned 1st Additional Sessions Judge, Jammu, in a case titled State v. Harmeet Singh, for the offences punishable under Section 302 of Ranbir Penal Code, hereinafter for short as RPC, read with Section 4/27 Arms Act, FIR No. 31/2001 P/s Meeran Sahib, whereby and whereunder, application of State/prosecution for arraying Amarnath as accused, came to be allowed.
(2.)The question involved in this petition is whether trial court- 1st Additional Sessions Judge Jammu was having powers, competence and jurisdiction to array the person as an accused against whom the chargesheet has not been submitted by the prosecution
(3.)In order to reply this question, it is necessary to notice some relevant provisions of Criminal Procedure Code, hereinafter for short Code. Section 193 of the Code provides when court of Sessions can take cognizance.
Section 205-D of the Code reads as under:

Commitment of case to Court of Sessions - when offence is triable exclusively by it.-When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Sessions, he shall-

(a) commit the case to the Court of Session;

(b) subject to the provisions of this Code relating to bail, remand the accused to custody during and until the conclusion of the trial:

(c) send to that court the record of the case and the documents and articles, if any, which are to be produced in evidence:

(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.