1977 (12) TMI 152

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....ing several injuries to them. The injuries received by Rizwan were in the nature of lacerated wounds, contusions and incised wounds. The injuries received by Kuddu were in the nature of lacerated wounds and contusions. The injuries of both of them were, however, found to be simple. The Investigating Officer recorded the statements of material witnesses, perused the injury-reports of Rizwan and Kuddu and submitted a charge-sheet against the applicants under Section 307 IPC in the Court of Additional Munsif Magistrate, Ghazipur. Before the Additional Munsif Magistrate could make an order of commitment under Section 209 Code of Criminal Procedure, the applicants filed an application before the learned Magistrate wherein it was inter alia, stat....

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....ssed by the learned Sessions Judge in this case was not in accordance with law and must, therefore, be struck down. I think this contention of the learned Counsel is not incorrect. Section 209 Code of Criminal Procedure deals with commitment of cases to the Court of Session. This section says that when in a case instituted on a police report the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the court of Session, he shall commit the case to the Court of Session. The question is whether he is to be guided solely by what is written in the police report and act upon it blindly or he is to exercise his own discretion in the matter and commit the case to the Court o....

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....not. To hold a view contrary to this would mean subordinating the judgment of the Magistrate to that of the police. This could never have been the intention of the law makers. A simple illustration will make the position clear. Suppose A assaults B with a lathi and causes some injuries to him. Those injuries are found to be simple and located on non-vital parts of B's body. If despite this the Investigating Officer chooses to submit a charge sheet against A under Section 307 IPC, can the Magistrate be said to be in the wrong when he does not commit A to the Court of Session and instead himself proceeds to decide the case against A as a warrant case under Section 323 IPC? In my opinion, the Magistrate would certainly not be in the wrong ....