P.K. Musahary, J.

1. The accused petitioner charged with offence under Sections 489B and 489C, IPC, without being committed by the Magistrate concerned and having been forced to stand trial before the Court of Additional District and Sessions Judge, Aizawl in Mizoram approaches this Court mainly for quashing the criminal proceeding on the ground of violation of provisions under Section 209, Code of Criminal Procedure and precisely on the ground that committal by the Magistrate is a must, if the offence is exclusively triable by the Court of Sessions. This claim is based on prosecution case narrated as under :

One Md. Roshid (respondent No. 2) of Zawlnuam, who deals in condemned iron and steel, having a stock of about 10 quintals and 35 kgs, lodged FIR on 14.9.2005 with Zawlnuam Police outpost under Kanhmunph Police Station stating that Md. Ahad Choudhury (Petitioner) from Karimganj, wanted to buy his collection for an amount of Rs. 13,000/- and paid Rs. 10,000/-as advance on 12.9.2005 and took the stock loaded in a vehicle. Latter on, he found the said amount of Rs. 10,000/- is fake Indian currencies. The police registered a crime being Kanhmunph PS Case No. 21 of 2005 under