Rasila Ram And Anr. vs State Of J. And K. on 7 November, 1997
This is required to.avert improvements and embellishments in the first version of the crime. Petitioner No. 7 was released by the police under Section 169, Cr.P.C. but this section also admits the supremacy of the concerned Magistrate as it is provided therein that if the person who is released under this section is in custody he has to execute a bond with or without sureties and the officer incharge of the Police Station is to direct him to appear if and when so required before the Magistrate and to try the accused or commit him for trial. The plea advanced by the learned counsel that the Magistrate can implead an accused only on the production of supplementary challan under Sub-clause (8) of Section 173, Cr.P.C. runs contrary to the raison detre of the Code of Criminal Procedure Code. The Magistrate has his defined role so far as the investigation and trial of an offence is concerned and there can be no circumvention of it. This Court in the case of State v. Mohd. Zaman (1981 Cri LJ 783) (supra) has held that a Sessions Judge can try an accused without an order of acquittal.