1978 Supreme(AP) 82

Andhra Pradesh High Court
Judges : A.GANGADHARA RAO
A. K. Joshi - Appellant
Versus
State - Respondent
Crl. M. P. No. 377 of 1978
Decided On : 03-03-78
Advocates Appeared :
.

Headnote:Criminal Procedure Code, Section 323—Scope of—Accused charged for forgery and cheating—Meaning committing the case to the Court of Session when during the trial it came to light that the accused was involved in two calendar cases—No reasons assigned for committal—Order of committal not invalid

       Held: Under Section 323 Cr PC, what is necessary is that it should appear to the Magistrate at any stage of the proceedings that the case is one which ought to be tried by the Court of Sessions It is not necessary that the offence should be exclusively triable by the Court of Sessions The Section does not say that reasons should be given by the Magistrate Section 323 does not lay down any conditions, except that it must appear to the Magistrate that the case is one which ought to be tried, by the Court of Sessions Then he can commit that case to the Court of Sessions

       Crl MP dismissed