https://www.taxtmi.com/caselaws?id=304032 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. en-us Fri, 18 Dec 1981 00:00:00 +0530 Fri, 02 Sep 2022 15:19:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304032 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. Case-Laws Indian Laws Fri, 18 Dec 1981 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304032