N.K.Assumi (Advocate) 12 February 2010

What should the Magistrate do?

Hypothetical case for consideration: If in a case triable by the Magistrate first class, the session court staright away took up the matter with the charge sheet filed by the police and discharged two of the accused and endorsed the case to the Magistrate first class to take up the trial with a comment to consider for the discharged of the main accused. Under such circumstances what should the Magistrate do if there is a clear evidence against all the accused those discharged by the Session Court.

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 12 February 2010

Such magistrate should perform his duty as per provisions of Cr. PC which clearly state the he should summon all such discharged accused under section 319 and should start trial against them.

N.K.Assumi (Advocate) 12 February 2010

Thank you Raj. In this peculiar case, though the case was triable by the Magistrate the Session Judge took up the matter of the police report and straight away framed charge against the accused, without commitment by the magistrate, and those two accused who were figured in the FIR and the Charge sheet were acquitted and endorsed the case to the trial Magistrate with a direction to consider the case of main accused.I find this very typical case very difficult with the procedures adopted by the session Judge, as to what the Magistrate should do in such case. Once again thank you for the responds.