Magistrate must commit Sessions-triable cases under CrPC and cannot discharge accused when such offence appears on record.

Where material before a Magistrate in a complaint or inquiry discloses an offence exclusively triable by the Court of Session, the Magistrate must commit the case under Section 323 CrPC and cannot finally discharge the accused under Section 245(2) CrPC. An order of discharge is distinct from acquittal and remains revisable, but that distinction does not enlarge the Magistrate's power. Once a Sessions offence appears on the record at any stage before judgment, the Magistrate's duty is to commit the case and not to usurp the Sessions Court's jurisdiction by terminating proceedings.

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Issues: Whether a Magistrate has power to discharge accused under Section 245(2) of the Code of Criminal Procedure, 1973 in a case which, on the material before him, discloses an offence exclusively triable by the Court of Session; and whether the Magistrate must commit the case under Section 323 of the Code of Criminal Procedure, 1973 once such offence appears at any stage before judgment.

Analysis: An order of discharge is distinct from an order of acquittal, and a discharge order remains revisable. In a case involving offences exclusively triable by the Court of Session, the Magistrate's role prior to commitment is limited to the statutory inquiry contemplated by the Code, including consideration of the complaint, statements and materials before him. Section 323 of the Code of Criminal Procedure, 1973 makes it obligatory that, if at any stage before signing judgment it appears that the case ought to be tried by the Court of Session, the Magistrate shall commit it to that Court. The earlier steps of recording evidence in a complaint case do not authorise a discharge when the materials disclose a Sessions offence; the Magistrate cannot usurp the Sessions Court's jurisdiction by finally discharging the accused.

Conclusion: The Magistrate had no jurisdiction to discharge the accused in the circumstances, and the order directing the case to proceed in accordance with law was .

Final Conclusion: The revision was without merit, and the order quashing the discharge and requiring further proceedings stood affirmed.

Ratio Decidendi: Where the material before a Magistrate in a complaint or inquiry discloses an offence exclusively triable by the Court of Session, the Magistrate must commit the case under Section 323 of the Code of Criminal Procedure, 1973 and has no power to discharge the accused under Section 245(2) of the Code of Criminal Procedure, 1973.

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