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1939 Supreme(Oudh) 74
HIGH COURT OF OUDH
Hamilton, J.
Sheomangal Pande - Appellant
Versus
Emperor - Respondent
Decided On : 22-09-1939
JUDGMENT
Hamilton, J - This is an application asking that a commitment be quashed under Section 215, Criminal P.C. Under this Section the commitment can only be quashed on a point of law. The point of law which applies and on which I must quash the commitment is the following: The offence charged, Sections 420/109, Penal Code, is triable both by a Magistrate and by a Sessions Court. Offences which are triable by both a Magistrate and a Sessions Court should ordinarily be tried by the Magistrate though of course if he-considers that the maximum sentence which he can inflict is insufficient he has the power to commit to Sessions, but this is an exception to the general rule, that if the Magistrate can try he should do so. The learned Magistrate has given no reason why he has committed the applicant Sheo Mangal and others to the Court of Session.
2. There are numerous decisions that in cases like the present one the Magistrate must exercise his discretion after due consideration and state the reasons why he commits to a Court of Session, namely that he considers that the sentence he can inflict is insufficient because only by giving this reason is it possible to tell that the Magistrate has realized that he can try the ease himself and is not bound to commit to Sessions. The learned Counsel for the applicant has quoted Emperor v. Bindeshri Goshain (1919) 6 AIR All 366, Emperor v. Deo Narain Mullick AIR 1928 Pat 551, Emperor v. Karam Singh AIR 1930 Lah 312 and Kesar v. Emperor AIR 1932 Lah 263. The words used in these decisions vary, but the meaning and the principle are the same. Against these decisions for the Crown only Emperor v. Umrai (1934) 21 AIR Oudh 185 has been quoted, and that does not deal with this particular point. I therefore quash the whole commitment and it is for the Magistrate to proceed from the point which the case reached before this order of commitment was passed.
