A Magistrate cannot commit an accused person to the Sessions Court under Section 323 CrPC solely on the ground of inability to impose an adequate sentence, as Section 325 CrPC provides an alternative procedure for submitting the case to the Chief Judicial Magistrate for appropriate sentencing.

( 1 ) SRI Raghava Rao, the learned counsel for the petitioners, seeks for queshing of the order passed by the IV Metropolitan Magistrate, Hyderabad in CC. No. 2593/74 committing the accused to the court of Metropolitan Sessions judge for taking his trial.

( 2 ) THE petitioners are A-1 to A-4 in CC. No. 2593/74. According to the prosecution, the petitioners and another who is the 5th accused were alleged to have committed offences punishable under Sections 120-B. 420, 465,468 and 471 I. P. C; and charges were framed on 11-10-1974 to that effect. In the trial, the prosecution examined 12 witnesses by 25-10-1976 out of 25 witnesses cited to be examined and all the witnesses were crossexamined. At this stage, the learned Magistrate felt that as the amount involved in the case was Rs. 6, 38, 822-39 and as highest punishment has to be imposed if the Accused were to be convicted and also as the case requires speedy disposal, the case has to be committed to the Sessions Court which is proper court competent to award adequate punishment proportionate to the amounts involved and also dispose of the case speedily. He, there, fore, passed an order under Section 323 Cr. P. C. committing the accused to the Sessions Court. It is this order that is now challenged in this petition.

( 3 ) SRI Raghavarao contends that the grounds on which the learned magistrate has committed the accused to the Court of Session are not in confirmity with the provisions of Section 323 Cr. P. C. According to him, lhe learned Magistrate is perfectly aware of the heavy amount involved in the case even when he took cognizance of the case and took it on his file after the charge sheet was filed and it cannot be said that he came to discover this fact only on 25-10-1976 after twelve witnesses were examined. Hence the ground that the case involves heavy stakes cannot be adequate ground for committing the accused to the Sessions Court. He also contends that the ground that he is not competent to give higher sentence if ultimately the accused are to be convicted is also unsustainable. According to him, section 325 Crp. C. , provides to meet this situation. He further contends that under Section 29 Cr. P. C. , the Chief Judicial Magistrate may pass any sentence except a sentence of death or of imprisonment for life. He also contends that the other grounds that complicated questions of law are in volved and that the same shall be disposed of speedily by the Sessions Judge are not sufficient grounds for the Magistrate to commi. the case under section 323 Cr P. C. , and hence the order committing the case to the Court of sessions under Section 323 is vitiated with illegality and it should therefore be quashed.

( 4 ) I find force in the contention of the learned counsel for the petitioner. As stated above, the learned Magistrate took cognizance of the case for the offences punishable under sections 120-B, 420, 466, 468 and 471 r. P. C. These offences are to be tried by the First Class Magistrate, as could be seen from the 1st Schedule given in the Code of Cr. P. The offence under Sections 420, 466, 468 and 471 I. P. C. , can be tried by the First class Magistrate and the sentence to be awarded for each of the offences is seven years imprisonment. It is therefore, clear that though the offence, are triable by a First Class Magistrate or by a Metropolitan Magistrate, he is not competent to award maximum sentences to be awarded for these of fences. The First Class Magistrate or Metropolitan Magistrate is competent to award imprisonment upto three years but not beyond that period. Then what is the course open to the First Class Magistrate or Metropolitan magistrate when he desires or proposes to impose a sentence of imprisonment tor four years or five years, or six years or seven years ? If the offences are exclusively triable by Sessions Court, the Magistrate is empowered to commit the accused under section 209 Cr. P. C. to the Court of Session. If the offences are exc