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Section 244 CrPC Evidence Not Mandatory in Sessions Cases: Supreme Court
The has provided much-needed clarity on the procedural requirements governing the committal of to the . In a ruling delivered on , a bench consisting of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh held that a Magistrate is not required to record under when a complaint case involves offenses exclusively triable by a .
The Genesis of the Dispute
The litigation traces back to an incident on , involving a physical altercation between the appellant, Neeraj Gupta, and the respondents. Following the tragic death of the appellant's father during the incident, the appellant initiated legal action. After initial police inaction, the appellant approached the , under .
Following the initiation of proceedings under and the subsequent summoning of the accused, the case was committed to the in . However, the trial faced procedural hurdles when the the matter, insisting that the Magistrate should have recorded evidence under Section 244 CrPC—a provision typically reserved for triable by a Magistrate—before committing the case to the .
The Core Legal Question
The central issue before the Supreme Court was whether the mandate of Section 244 CrPC—which requires hearing prosecution evidence before in —extends to cases that are exclusively triable by the . The High Court had suggested that the Magistrate acts as a "" if they do not carefully examine evidence at the pre-committal stage, effectively calling for a before the receives the case.
Judicial Analysis: A ""
The Supreme Court firmly rejected this broad interpretation. Reviewing the behind the CrPC, the Court observed that the 1973 Code deliberately departed from the 1898 Code to eliminate the "inordinate delay" caused by elaborate committal proceedings.
The Court held that the Magistrate’s role at the pre-committal stage is limited and . Relying on precedents like , the Court described the Magistrate’s power as a "," intended only to ensure that the requirements of (supply of documents to the accused) are met before the case is committed.
Key Observations
The Supreme Court emphasized the inefficiency inherent in the High Court’s approach:
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"If the reasoning of the High Court is accepted, a number of witnesses would be required to depose about the same set of facts and circumstances, at least twice. This may not be of any particular use, nor mandate of law."
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"The Magistrate while passing the
is not to act as a
, but is supposed to examine the material carefully to arrive at such a conclusion."
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"...the only requirement from the Magistrate is to see whether the offence is exclusively triable by the
and in doing so, no evidence need be taken."
Ruling and Future Implications
In disposing of the appeal, the Supreme Court set aside the High Court's remand order. The bench noted that requiring witnesses to depose twice unnecessarily burdens the complainant and delays criminal justice.
The Court has directed the High Court to hear the pending —filed by both the appellant and the respondents—afresh. These matters are to be resolved independently and with priority, within a span of nine months. This verdict serves as a vital precedent, reinforcing the CrPC’s intent to streamline the path to trial for grave offences, ensuring that judicial resources are focused on the actual trial within the , rather than being depleted by redundant pre-committal rehearsals.
