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1 - 9 of 9 (0.24 seconds)Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 407 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Code of Criminal Procedure, 1973 [Entire Act]
Abdul Salam C.H. vs Sameera And Anr. on 4 December, 2006
Exactly is the decision rendered by the Division Bench in
Abdul Salam's case (supra). There, referring to the power
under Section 407(1)(iii) of the Code it was held that in such a
situation the aggrieved party can apply to the High Court "for
directing the learned Magistrate to commit the case for trial to
the Sessions Court along with the connected case." In other
words order of committal must come from the learned Magistrate
before whom the case is pending and which otherwise is not
exclusively triable by the Sessions Court.
Section 407 in The Code of Criminal Procedure, 1973 [Entire Act]
Santhosh & Another vs State Of Kerala & Others on 16 August, 2010
2. That decision of the Division Bench relied by the
learned Judge reversed the decision in Santhosh v. State
of Kerala (2006 [3] KLT 439) where the view taken was that
where out of the same incident a sessions case arose and it is
pending in the Sessions Court and a case not exclusively tribale
by the court of session is pending in court of learned Magistrate
the Sessions Court could direct transfer of the case pending in the
court of learned Magistrate. That view was found to be not
correct in view of Section 323 of the Code of Criminal Procedure
(for short, "the Code"). Under section 323 when the Magistrate
in any enquiry into an offence or trial of a case is of the view that
case is one which ought to be tried by the Sessions Court, the
Magistrate is to commit the case to the Sessions Court and
thereon provisions of Chapter XVIII (trial of Sessions cases) of
the Code would apply. Section 193 of the Code says that except
as otherwise expressly provided by the Code or by any other law
for the time being in force no Court of Session shall take
cognizance of any offence as a court of original jurisdiction unless
the case has been committed to it by a Magistrate. In the
circumstances Sessions Court cannot take cognizance of the
offence involved in C.C No.1240 of 2004 unless that case is
Tr.P(Crl.) No.3 of 2011
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committed to the Sessions Court for trial under Sec.193 of the
Code.
Section 324 in The Indian Penal Code, 1860 [Entire Act]
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