Section 437 in The Code of Criminal Procedure, 1989 (1933 A. D.)
437. Power to order commitment.
- When, on examining the record of any case under section 435 or otherwise, the Sessions Judge or [Chief Judicial Magistrate] [Substituted by Act XL of 1966 for 'District Magistrate'.] considers that such case is triable exclusively by the Court of Session and that an accused person has been improperly discharged by the inferior Court, the Sessions Judge or [Chief Judicial Magistrate] [Substituted by Act XL of 1966 for 'District Magistrate'.] may cause him to be arrested, and may thereupon, instead of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been, in the opinion of the Sessions Judge or [Chief Judicial Magistrate] [Substituted by Act XL of 1966 for 'District Magistrate'.], improperly discharged :Provided as follows :-(a)that the accused has had an opportunity of showing cause to such Judge or Magistrate why the commitment should not be made ;(b)that, if such Judge or Magistrate thinks that the evidence shows that some other offence has been committed by the accused, such Judge or Magistrate may direct the inferior Court to inquire into such offence.
