LI Network
Published on: December 12, 2023 at 12:20 IST
The Delhi High Court has clarified that a trial must commence de novo when a case is transferred from a Magistrate to the Court of Session.
Justice Amit Bansal underscored that upon such transfer, the Sessions Court is mandated to frame charges before proceeding with the examination of witnesses.
The court emphasized that the Magistrate becomes functus officio upon committing the case to the Court of Session, rendering any previously recorded evidence inadmissible for the purposes of the subsequent de novo trial.
Justice Bansal made these observations while adjudicating a petition filed by an accused challenging an order by an Additional Sessions Judge, which contended that a fresh de novo trial was unnecessary when the matter was transferred from the Magistrate to the Court of Session.
The origin of the case dates back to 2003 when an FIR was filed for offenses under Sections 341, 323, 308, 506, and 34 of the Indian Penal Code.
The Metropolitan Magistrate framed charges in 2005, rejecting an application during the trial seeking the case’s committal to the Court of Session. The Sessions Court, upon reviewing the revision petition by the complainant, committed the case to the Court of Session.
Contrary to the ASJ’s order, Justice Bansal, citing judgments from the High Courts of Madras, Punjab and Haryana, and Madhya Pradesh, maintained that Section 323 of the CrPC clearly mandates the initiation of a de novo trial when a case is transferred from a Magistrate to the Court of Session.
The court clarified that the Sessions Court should commence by framing charges and then proceed with witness examination.
The High Court set aside the impugned order, directing that the trial resume before the Court of Session from the stage it was at before the order was issued.
Acknowledging the case’s vintage, dating back to 2003, the court urged the Additional Sessions Judge to expedite the trial, ideally completing it within six months from the fixed date.
CASE TITLE: SHANKAR @ GORI SHANKAR v. STATE OF NCT OF DELHI & ANR.