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1992 Supreme(SC) 713
SUPREME COURT OF INDIA
BEFORE K. JAYACHANDRA REDDY AND G.N. RAY, JJ.
RIZWAN
Versus
WAQAR AHMAD AND OTHERS.
Criminal Appeal No. 55 of 1980,
Decided on 8-10-1992
The main legal point established in the judgment is that the Magistrate's decision not to commit the case to the Court of Session under Section 209 of the CrPC was justified based on the nature of the injuries and the interpretation of the scope of Section 209 CrPC.
Headnote:
Section 209 CrPC - Scope of Section 209 CrPC - The court held that the Magistrate's decision not to commit the case to the Court of Session under Section 209 of the CrPC was justified based on the nature of the injuries, which were found to be simple by the Doctor. The High Court's decision to allow the revision and confirm the order of the Magistrate was upheld, as it did not err in interpreting the scope of Section 209 CrPC.
Fact of the Case:
The Police filed a charge-sheet under Section 307 IPC against the respondents/accused. The Magistrate, based on the nature of the injuries, converted the case into a warrant-case and proceeded to try the respondents-accused under Sections 323 and 324 IPC. A revision was filed before the Sessions Judge who directed the Magistrate to commit the case to the Court of Session. The accused filed a revision before the High Court, which allowed the revision and confirmed the order of the Magistrate. A certificate granting leave to appeal was granted by the High Court on the view that a question of law regarding the scope of Section 209 CrPC was involved.
Finding of the Court:
The court found that the High Court did not err in allowing the revision and confirming the order of the Magistrate, as the nature of the injuries justified the Magistrate's decision not to commit the case to the Court of Session under Section 209 of the CrPC.
Issues: The main issue was whether the Magistrate erred in not committing the case to the Court of Session under Section 209 of the CrPC, considering the nature of the injuries and the Doctor's findings.
Ratio Decidendi: The court's decision was based on the interpretation of Section 209 of the CrPC, which mandates the Magistrate to commit the case to the Court of Session if the offence is triable exclusively by the Court of Session. The court upheld the Magistrate's decision based on the nature of the injuries and the Doctor's findings.
Final Decision: The appeal was dismissed, and the High Court's decision to allow the revision and confirm the order of the Magistrate was upheld.
ORDER
1. The Police filed a charge-sheet under Section 307 IPC against the respondents/accused. The Magistrate, however, having regard to the nature of the injuries instead of committing the case converted it into a warrant-case and proceeded to try the respondents-accused under Sections 323 and 324 IPC. Questioning the same, a revision was filed before the Sessions Judge who directed the Magistrate to commit the case to the Court of Session holding that the Magistrate had no option except to commit. As against that a revision was filed by the accused before the High Court. The High Court allowed the revision and confirmed the order of the Magistrate. But it appears that certificate granting leave to appeal was granted by the High Court taking the view that a question of law namely regarding the scope of Section 209 CrPC was involved.
2. Having gone through the judgments of both the courts below we are unable to persuade ourselves to hold that the High Court has committed any error in allowing the revision. Section 209 of the CrPC lays down that if it appears to the Magistrate that the offence is triable exclusively by the Court of Session then it has to commit. No doubt in the instant case, there are number of injuries on the complainant but the Doctor found almost all of them to be simple. In that view of the matter the Magistrate thought that it was not a fit case to commit. Therefore, it cannot be said that the High Court has erred in allowing the revision. The appeal is dismissed accordingly.
For Citation: 1993 Supp(2) SCC 121
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