2012 Supreme(All) 1303

[2012(7) ADJ 3 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : S.C. AGARWAL, J.
NITIN KOHALI ......Petitioner
Versus
STATE OF U.P. AND ANOTHER .......Respondents
(Criminal Misc. Writ Petition No. 20322 of 2011, decided on 14th May, 2012)

Headnote:Criminal Procedure Code, 1973—Sections 178 (2), (8) and 207—(Indian) Penal Code, 1860—Sections 364, 302 and 120-B—Cognizance—Session trial—Committal of—Revision against—Dismissal of—Writ petition against—Once cognizance was taken by Magistrate, he had no option—But to procure presence of accused—Furnish Copies under Section 207—And to commit case to Court of Sessions for trial—After commital it is for Sessions Court to decide—As to whether earlier charge-sheet submitted by police and supplementary investigation report under Section 173(8)—Exonerating petitioner, charge should be framed against petitioner or he should be discharged—Hence, order passed by Court below does not require interference.

       Petition Dismissed.