Criminal Procedure Code, 1973
Section 209—Powers of Magistrate to discharge accused at the stage of committal to Sessions—Magistrate is entitled to sift materials on record, but only for seeing whether there is sufficient evidence for commitment and not whether there is sufficient evidence for conviction—Ability to discharge accused is only when the evidence is totally unworthy of credit but the Apex Court clarifies “if there is some evidence on which the conviction may reasonably be based he must commit the case” [Sajjan Kumar v. CBI, (2010) 9 SCC 368, relied on]
[Para 13]
Section 209—Power of Magistrate—Sifting and perusal of evidence—A bare perusal of the language of Section 209 CrPC would categorically show that it has to appear to the Magistrate that “the offence is triable exclusively by the Court of Session”—Sifting and perusal of evidence should only be limited to that extent—If the offence as charged in the final report is an offence triable by sessions, the committing Magistrate would be obliged to commit it to the Court of Session—Any expansion or any unbridled amplification of the powers of the Magistrate in exercise of Section 209 CrPC functions would open a Pandora's box where despite not being the trial court having jurisdiction to try the offences in question, it would be in a position to discharge the accused on an assessment of the evidence at the stage of committal itself.
[Para 15]
Indian Penal Code, 1860
Section 306—Abetment of suicide—Petition for setting aside of orders refusing to summon respondent—Facts and circumstances relating to incident, particularly the role of respondent, taking into account the alleged evidence collected during investigation, cannot exculpate respondent at this preliminary stage—Not only that the deceased decided to commit suicide at the Tis Hazari complex but also that respondent who seemed to be her paramour took the suicide note from her and was present at the crime scene in the CCTV footage, as also allegedly called the Live TV News 24 television to ask them to utilize the opportunity to cover the suicide live—Even if any one of these elements is not proved, it would still not exculpate respondent from at least the possibility of having abetted the suicide or having a role in the events leading to it—In any event, at this stage with the trial not having proceeded ahead, what is to be examined is whether from facts as stated in the charge-sheet prima facie case of offences stated is made out—Impugned orders set aside—Petition allowed. [Criminal Procedure Code, 1973, Section 209]
[Para 10]
Decision : Petition allowed