Power of JMFC in committal of Session triable cases
In the instant case, learned A.P.P. Mr. Borade for the
State, from the charge sheet, pointed out that at para 10 of the final
report, the caste of the respondents/ accused was specifically
mentioned as “Lingayat” - non S.C. - S.T. In light of this disclosure
in the charge sheet, it was not open for the learned Judicial
Magistrate, First Class, Biloli to have gone into the merit of the said
allegation by looking at the material extraneous to the charge sheet
i.e. the School Leaving Certificates, Exhibits 27 and 28 tendered by
the accused. In doing so, the learned Magistrate not only
misconstrued the provision of law under Section 209 of the Code of
Criminal Procedure, 1973 but virtually usurped the role of the
Special Court to consider the merit of the charge sheet and the
papers of investigation accompanying it. It was only for the Special
Court to evaluate the merit of the charge sheet vis-a-vis the record
of the case and the documents submitted therewith in order to
answer the pertinent question whether there is or there is no
sufficient ground for proceeding against the applicant/ accused
under Section 227 of the Code of Criminal Procedure
Bombay High Court
IN THE HIGH COURT OF JUDICATURE OF BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.730 OF 2010
Naograo s/o Babarao Gaikwad,
VERSUS
1. The State of Maharashtra
CORAM : U.D. SALVI, J.
https://www.lawweb.in/2013/05/power-of-jmfc-in-committal-of-session.html
