Magistrate can not discharge accused in session triable case
It is evident from the aforesaid judgment that when an offence is cognizable by the Sessions court, the Magistrate cannot probe into the matter and discharge the accused. It is not permissible for him to do so, even after considering the evidence on record, as he has no jurisdiction to probe or look into the matter at all. His concern should be to see what provisions of the Penal statute have been mentioned and in case an offence triable by the Sessions Court has been mentioned, he must commit the case to the Sessions Court and do nothing else.
Supreme Court of India
Ajay Kumar Parmar vs State Of Rajasthan on 27 September, 2012
Bench: B.S. Chauhan, Fakkir Mohamed Kalifulla
