Supreme Court · 2000 INSC 12 · Decided 10 January 2000
Rosy and ANR. v. State of Kerala and ORS.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 12 · [2000] 1 S.C.R. 107
- Case number
- CRIMINAL APPEAL No. 18/2000
- Decided
- 10 January 2000
- Bench
- K.T. THOMAS, M.B. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313, 233, 202(2), 395(2), 202
Headnote
B Criminal Law .· Criminal Procedure Code, 1973 : c Section 202(2) proviso-Holdi11g of inquiry-By Magistrat~ !11 cases exclusively triable by Sessions Court-Nature of Discretionary or man­ datory-Case committed to Sessions Court without examining any wit­ nesl~bjection regarding evidence and statements of accused under s. 313-Validity of-Held : Per D Thomas, !.; mandatory but omission by itself will not vitiate the proceedings and if belated objection is taken it has to be decided according to S. 465-Per Shah, !; discretionary but omission by itself will not
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