- (1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State.
(2.) LEARNED counsel appearing for the petitioners submits that the case was lodged against the petitioners which was registered under Sections 341/342/323/324/379/376/ and 34 of the Indian Penal Code, but in course of the investigation, the allegation under Section 376 of the Indian Penal Code was not found to be true and hence, charge sheet was submitted under Sections 341/342/323/324/379 and 34 of the Indian Penal Code. Upon it, cognizance was taken and then trial ensued. In course of time, ten witnesses were examined as back as on 06.06.2000 and, subsequently, other witnesses were examined on behalf of the prosecution and when prosecution closed its case, statement of the accused persons were recorded under Section 313 Cr.P.C. on 07.02.2001. Thereafter, when prosecution case was opened at the instance of the prosecution some more witnesses were examined and when the case was fixed for arguments, an application was filed in the year 2005, on behalf of the prosecution, to commit the case to the court of Sessions as the evidences are there disclosing commission of an offence which is Sessions triable which prayer was allowed in terms of the provision contained in Section 323 Cr.P.C. Bering aggrieved with that order, the petitioners had preferred Revision Petition before learned Sessions Judge, which has got dismissed and then this petition has been filed under Section 482 Cr.P.C. before this Court, for quashing of the order dated 08.08.2005 under which the case was ordered to be committed to the court of Sessions and also order dated 06.11.2006, passed by learned Addl. Sessions Judge, F.T.C.II, Deoghar, on the ground that when the petitioners already did face rigour of the trial from 2001 to 2005, the learned court should not have committed the case to the court of Sessions. The submission advanced on behalf of the petitioners obviously attracts attention to the provision as contained in Section 323 Cr.P.C., which reads as follows: "Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed. -If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceeding before signing judgment that the case is one which ought to be tried by the court of Sessions, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provision of Chapter XVIII shall applied to the commitment so made".
(3.) FROM its perusal, it appears that at any stage of the trial, if it does appear to the court that the case ought to have been tried by the court of Sessions, the Magistrate is required to commit the case to the court of Sessions. In the instant case the court, after taking into consideration, the evidences, particularly of P.W. -1, disclosing therein about the commission of the offence triable by the court of Sessions, did rightly hold that the case needs to be committed to the court of Sessions.;