[Landmark Judgement] Dharam Pal v. State of Haryana (2014)2 min read
Published on: 14 January 2023 at 08:25 IST
Court: Supreme Court of India
Citation: Dharam Pal v. State of Haryana (2014)
Honourable Supreme Court of India has held that Magistrate if satisfied that a prima facie case had been made out to go to trial then, the Magistrate can proceed on the basis of the police report itself and either inquire into the matter or commit it to the Court of Session if the same was found to be triable by the Sessions Court.
It is held that the Magistrate can take cognisance of the offences exclusively triable by Court of Sessions and post compliance of Section 207 read with Section 209 of the Code of Criminal Procedure, 1973 may commit the case to the Court of Session to proceed further with the trial.
35. In our view, the Magistrate has a role to play while committing the case to the Court of Session upon taking cognizance on the police report submitted before him under Section 173(2) CrPC.
In the event the Magistrate disagrees with the police report, he has two choices. He may act on the basis of a protest petition that may be filed, or he may, while disagreeing with the police report, issue process and summon the accused.
Thereafter, if on being satisfied that a case had been made out to proceed against the persons named in column 2 of the report, proceed to try the said persons or if he was satisfied that a case had been made out which was triable by the Court of Session, he may commit the case to the Court of Session to proceed further in the matter.
Drafted By Abhijit Mishra