Case Note & Summary
The case arose from a challenge by the appellants against an order of the Bombay High Court that allowed a writ petition filed by the Central Bureau of Investigation (C.B.I.). The C.B.I. sought to overturn a decision by the Special Judge, C.B.I., Greater Mumbai, which had set aside an order of the Additional Chief Metropolitan Magistrate. The appellants, along with others, were being prosecuted for offences under various sections of the Indian Penal Code, including 420 and 468. During the proceedings, one co-accused turned approver, leading to a pardon granted by the Magistrate. The appellants contested the jurisdiction of the Sessions Court to try the case, arguing that the offences were not exclusively triable by that Court. The Sessions Judge agreed and transferred the case back to the Chief Metropolitan Magistrate. The C.B.I. then challenged this order in the High Court, which ruled in favor of the C.B.I., leading to the current appeal. The Supreme Court analyzed the relevant provisions of the Criminal Procedure Code, particularly Section 306, and determined that the offences were not exclusively triable by the Sessions Court. The Court concluded that the High Court had erred in its decision, restoring the case to the Chief Metropolitan Magistrate for trial. The appellants also expressed intent to challenge the pardon granted to the approver, which the Court noted should be addressed by the Magistrate. The appeal was allowed, and the order of the High Court was set aside.
Headnote
A) Criminal Procedure - Jurisdiction of Courts - Committal of Cases - Criminal Procedure Code, 1973, Section 306 - The High Court committed a case to the Court of Sessions despite the offences not being exclusively triable by that Court, which constituted a patent error of law. The Supreme Court held that the case should have been made over to the Chief Metropolitan Magistrate for trial instead (Paras 10-13).
Issue of Consideration
Whether the High Court erred in committing the case to the Court of Sessions despite the offences not being exclusively triable by that Court.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and restored the case to the Chief Metropolitan Magistrate for trial.
Law Points
- Jurisdiction of Courts
- Tender of Pardon
- Criminal Procedure Code
- 1973
- Committal of Cases
