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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