https://www.taxtmi.com/caselaws?id=308535 Section 437 CrPC is not confined to cases of an express order of discharge; where the material discloses a Sessions-triable offence, refusal by the Magistrate to commit may be treated in substance as a discharge for that offence, and commitment can be directed. However, the revisional power is discretionary and must be exercised judicially. Because the request for commitment came only after the trial had substantially concluded, with defence evidence closed and arguments heard, directing a fresh commitment would cause undue prejudice and harassment. The appeals therefore succeeded, the commitment orders were set aside, and the cases were left to proceed before the Magistrate from the stage at which they stood. en-us Fri, 26 Nov 1965 00:00:00 +0530 Mon, 03 Jul 2023 10:02:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308535 Section 437 CrPC is not confined to cases of an express order of discharge; where the material discloses a Sessions-triable offence, refusal by the Magistrate to commit may be treated in substance as a discharge for that offence, and commitment can be directed. However, the revisional power is discretionary and must be exercised judicially. Because the request for commitment came only after the trial had substantially concluded, with defence evidence closed and arguments heard, directing a fresh commitment would cause undue prejudice and harassment. The appeals therefore succeeded, the commitment orders were set aside, and the cases were left to proceed before the Magistrate from the stage at which they stood. Case-Laws Indian Laws Fri, 26 Nov 1965 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308535