KAUL, J. :- Upon the committal of Chief Judicial Magistrate Jammu, the learned Sessions Judge Jammu transferred the case to the learned 1st Additional Sessions Judge Jammu for trial of the accused in accordance with law. On receipt of the case the said Additional Sessions Judge suo motor proceeded in the matter in its revisional jurisdiction and adjudicated upon the matter within the provisions of law as envisaged under S. 435, Cr.P.C. and made a reference to this Court for confirmation, holding that the order of commitment being violative of sub-section 2 of S. 337 of the Criminal procedure Code, be quashed with a direction to the Chief Judicial Magistrate Jammu to hold committal proceedings afresh in accordance with law.

2. One of the learned single Judges of this Court while admitting the reference to hearing observed that the reference raised two important questions to be determined which reads as under :-

1. Whether an Additional Sessions Judge is competent to make a reference suo motu under S. 438, Cr.P.C. for setting aside an order of commitment passed by the Judicial Magistrate;

2. Whether there is any conflict between S. 205(b) and S. 337 of the Criminal Procedure Code, if

Click Here to Read the rest of this document