The interpretation of the mandatory provisions of Section 207-A (4), Criminal P. C. and the legality of committal based solely on the documents referred to in Section 173, Criminal P. C.

( 1 ) THIS is a revision petition preferred by the petitioners-accused 1 and 2 against the order of the learned City Magistrate, Bangalore, in C. C. No. 1912 of 1956, committing them to the Court of session, Bangalore, to take their trial for offences under Sections 302, 307, 457. 380, 392, 394, 397 and 460 read with Section 34, Penal Code.

( 2 ) THE facts that have given rise to this petition are briefly as under:

( 3 ) THE petitioners and another bv name Govin-da Reddy were the accused in C. C. No. 1912/56 on the file of the learned City Magistrate, Bangalore. As some of the offences charge-sheeted were exclusively triable by a Court of session, the procedure laid down in Section 207-A, criminal P. C. was followed. On the side of the prosecution, no evidence was adduced but on a perusal of the documents referred to u/s. 173. Criminal P. C. and produced on the side of the prosecution, the learned magistrate came to the conclusion that a prlma facie case was made out against them for the offences referred to above and committed them to take their trial before the Court of Session for the said offences. As against that order of committal, the present petition is filed.

( 4 ) THE main point that arises for consideration is whether there are sufficient grounds for quashing the order of commitment made by the learned City Magistrate. The most important ground of attack against the order of committal urged on the side of the petitioners is that Section 207-A (4), Criminal P. C. contemplates the recording of evidence by the Magistrate, that the provisions of that section are mandatory, that the evidence referred to therein has not been taken and that the order of committal made solely on the basis of the documents produced by the prosecution and referred to in Section 173, Criminal P. C. is illegal. We have carefully considered the arguments advanced by the learned counsel for the petitioners and we are of opinion that there is no substance in the present petition.

( 5 ) SECTION 207-A (4) reads thus: "the Magistrate shall then proceed to take the evidence of such persons, if any, as may be produced by the prosecution as witnesses to the actual commission of the offence alleged; and if the Magistrate-is of opinion that it is necessary in the interests of justice to take the evidence of anyone or more of the other witnesses for the prosecution, he may take such evidence also. " this provision could not have been clearer than what it is. It consists of two portions; the formed portion relates to the examination of witnesses to the actual commission of the offence and the latter portion refers to the evidence of any one or more of the other witnesses for the prosecution. The recording of the evidence referred to In the latter part of the section appears to be a matter which is purely within the discretion of the Magistrate, and therefore the omission to examine in that behalf any other witness or witnesses suo motu cannot be such as to vitiate the order of committal. So the only other question that remains for consideration is whether it is obligatory on the part of the Court or Magistrate to examine witnesses that the prosecution may produce under the former part of Section 207-A (4 ).

( 6 ) IN our opinion, the evidence contemplated in the first part of Section 207-A (4) is the evidence of witnesses to the actual commission of the offence alleged. That it is so, is also clear from the words "evidence of such persons, if any, as may be produced by the prosecution as witnesses to the actual commission of the offence alleged" appearing in Section 207-A (4 ). So, what is obligatory on the Magistrate is the recording of the evidence of witnesses to the actual occurrence, and if there are no witnesses to speak to the actual commission of the offence, the Magistrate is not bound to examine any other witness or witnesses. This appears to be the gist of Section 207a (4) as to the examination of witnesses.

( 7 ) IN this ca