Commitment to the Court of Session

  Commitment to the Court of Session

( Criminal Rules and Order Rule 92)

R. 92. (1) A Magistrate making a commitment to the Court of Sessions shall notify the same in Form (M) 7 without delay to the Court stating the total period of detention, if any, of the accused in custody upto the date of commitment, whether the accused is defended or not and whether he has been released on bail or remanded to custody pending trial.

(2) The Magistrate shall send to the Court of Session the record of the case and the document and articles, if any, which are to be produced in evidence.

(3) A brief of the case, perferably in three copies, shall be prepared by the Magistrate with all the documents mentioned in sections 207 and 208 of the Code for use of the Court and the Public Prosecutor.

(4) The Magistrate shall notify the Public Prosecutor of the commitment of the case to the Court of Session and shall send him a copy of the brief prepared under sub-rule (3).

COMMENTARY

Commitment proceedings.-In commitment enquiry under section 209 of the Criminal Procedure Code the Magistrate is not required to record evidence. He is to look into the police report to ascertain whether the case is triable exclusively by the Court of Sessions and to commit the case to the court of sessions-Ramjidas v. State of Rajasthan, 1977 Cr LJ 591. The duty of the Magisrate in such case is only to see prima facie whether there is evidence in support of the charge and weighing of evidence is not within his jurisdiction Kemal Krishan v. Suraj Bhan & Anr., AIR 1980 SC 1780. In a case exclusively triable by the Court of Sessions the Magistrate has no power to discharge the accused-Sanjoy Gandhi v. Union of India, AIR 1978 SC 514: 1978 Cr LJ 642: PR. Munsigayan v.1. P. Nandar, 1977 Cr LJ 1700. The Magistrate may also commit a case to the Court of Sessions at the trial stage under section 323, Criminal Procedure Code runs as below:-

“S. 323: Procedure when, after commencement of inquiry of trial. Magistrate finds case should be committed.-If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XVIII shall apply to the commitment so made.”

The Magistrate must give reason for thinking that the case should be tried

by court of sessions--V. Veera Rajhavaloo & Ors. v. State, 1978 Cr LJ 209.

The Magistrate shall exercise the discretion in the matter judicially-State v.

Rajkumar Satthi, 1980 Cr LJ 1355: Banmari v. State of Rajasthan, 1979 Cr

LJ 161.