Judicial Magistrate Can Take Cognizance Even Against Persons ‘Not Charge-Sheeted’ For Offences Exclusively Triable By Court Of Sessions: Orissa HC

Judicial Magistrate Can Take Cognizance Even Against Persons ‘Not Charge-Sheeted’ For Offences Exclusively Triable By Court Of Sessions

Case: Mama @ Bidyut Prava Khuntia v. State of Orissa

Coram: Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash

Case No.: CRLMC No. 2817 of 2003

Court Observation: “The above view in Dharam Pal (supra) which was by a Bench of five Judges of the Supreme Court continues to hold the field. Importantly, in Nahar Singh v. State of Uttar Pradesh (2022) 5 SCC 295, it was noted in para 25 that “jurisdiction of the Magistrate to take cognizance of an offence triable by a Court of Sessions is not in controversy before us”.

“In our view, the Magistrate has a role to play while committing the case to the Court of Session upon taking cognizance on the police report submitted before him under Section 173(2) Cr.P.C. In the event the Magistrate disagrees with the police report, he has two choices. He may act on the basis of a protest petition that may be filed, or he may, while disagreeing with the police report, issue process and summon the accused. Thereafter, if on being satisfied that a case had been made out to proceed against the persons named in column 2 of the report, proceed to try the said persons or if he was satisfied that a case had been made out which was triable by the Court of Session, he may commit the case to the Court of Session to proceed further in the matter.”

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Keywords

Judicial Magistrate