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Kuldip Yadav & Ors vs State Of Bihar on 11 April, 2011

25. At this stage, it would be relevant to refer to Section 323 Cr.P.C which deals with procedure, when after commencement of enquiry or trial, Magistrate finds the case to be committed. If, in any enquiry into any offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Sessions, he shall commit it to that Court under the provisions referred to above and thereupon provisions of Chapter-XVIII shall apply to the commitment so made. Therefore, even if one of the cases is triable by a Court of Magistrate, still Section 323 Cr.P.C. permits the said Magistrate to commit the case to the Court of Sessions to be tried along with the counter case.
Supreme Court of India Cites 21 - Cited by 115 - P Sathasivam - Full Document
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