sec.323 cr.p.c.

Ladhu Ram Chowdhary (Querist) 02 August 2008 This query is : Resolved
case fixed for judgment and from the evidence Magistrate found that offence u/s 397 I.P.C.appears to made outand it is triable by only court of session -Magistrate is emprowered u/s .323 to exercise the power before signing the judgment ?

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Kiran Kumar (Expert) 02 August 2008
well i think he can committ the matter to Sessions Court since the expression used is "at any stage of proceedings before signing judgment".

puneet (Expert) 02 August 2008
yes he can commit it to court of session as he can commit it anytime before signing the judgement

deepak kumar (Expert) 03 August 2008
the magistrate will commit the case to the court of sessions as the offence in his opinion is triable by the court of sessions and since a fresh charge u/s 397 IPC will have to be framed therefore the evidences have also to be taken afresh.

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SANJAY DIXIT (Expert) 27 August 2008
I concur with the views made above.

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