K.V. Venkata Ramanier

I am unable to accept this reference. With all respect to King, J., I am unable to follow the reasoning in Rajaratnam Pillai, In re(1). S. 190(i)(c) Criminal Procedure Code is concerned with extra judicial information, knowledge or suspicion and it has nothing (in my opinion) to do with knowledge gathered by a Magistrate in open Court from the evidence of witnesses given during a trial. If a Magistrate begins a trial as a Summons case and then finds that an offence triable only under Warrant Case procedure has been committed he is I think bound to apply Warrant Case procedure thenceforward and he is not in any way disqualified from proceeding with the trial. Let the papers be returned and the case proceed.

Order accordingly.

N.R.R