Supreme Court · 1965 INSC 265 · Decided 26 November 1965
Thakur Ram v. The State of Bihar
- Court
- Supreme Court of India
- Citation
- 1965 INSC 265 · [1966] 2 S.C.R. 740
- Case number
- CRIMINAL APPEAL No. 165/1962
- Decided
- 26 November 1965
- Bench
- J.R. MUDHOLKAR, R.S. BACHAWAT, P. SATYANARAYANA RAJU (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 392, 387, 386, 302, 384, 109; CrPC Section 437
Headnote
Code of Criminal Procedure 1898 (Act 5 of 1898), s. 437-Powers of Sessions Judge to order committal in the absence of express order of discharge by Magistrate. The accused were charged under s. 392, Indian Penal Code in the Coun of a Magistrate. The prosecution failed in its attempt to have the the prosecution made an application to the Magistrate to frame a charge under s. 386 or s. 387, Indian Penal Code (which are exclusively triable by a Court of Sessions) and to commit the accused to the Court of Sessions, which was refused. Thereafter a second application was made for committing
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