...M.M Punchhi, J.— Special leave granted.2. Can a Magistrate undertaking commitment under Section 209 CrPC of a case triable by a Court of Session...contending that at the stage set for employing Section 209 CrPC, the Chief Judicial Magistrate has no power under Section 319 of the Code or otherwise, to add an accused in addition to the one...inquiry or trial. Proceedings before a Magistrate under Section 209 CrPC are patently not trial proceedings and were never considered so at any point of time historically. There has never been any doubt on...

...question of law namely regarding the scope of Section 209 CrPC was involved.2. Having gone through the judgments of both the courts below we are unable to persuade ourselves to hold that...the High Court has committed any error in allowing the revision. Section 209 of the CrPC lays down that if it appears to the Magistrate that the offence is triable exclusively by the Court of Session...Order1. The Police filed a charge-sheet under Section 307 IPC against the respondents/accused. The Magistrate, however, having regard to the nature of the injuries instead...

...the accused, appearing to be guilty of offence, arises only on evidence recorded in the course of any inquiry or trial. Proceedings before a Magistrate under Section 209 CrPC are patently not trial...under Section 209 CrPC. If proceedings under Section 209 CrPC continue to be an inquiry, Section 319 CrPC would be obviously attracted, subject of course to deciding whether the materials put forth by the.... Thus, we come to hold that the power under Section 209 CrPC to summon a new offender was not vested with a Magistrate on the plain reading of its text as Well as proceedings before him not being an...

...depend on the evidence recorded in the course of any inquiry or trial and that the proceedings before a Magistrate under Section 209 CrPC are not trial proceedings nor were they ever meant to be...149 wherein the Hon'ble Judges took the view that when a case is committed to the Court of Session under Section 209, the Court of Session has no jurisdiction to include a new person as an accused before evidence was led on behalf of the prosecution and that there was no power other than the power conferred under Section 319 CrPC by.... It was held that there is no intermediary stage between committal under Section 209 CrPC and Section 319 CrPC for the aforesaid purpose.14. Mr Mishra submitted that the...

...173 CrPC showing 18 persons other than the two appellants as offenders. The Magistrate committed those 18 persons named in the report to the Court of Session under Section 209 CrPC to stand trial...as accused under Section 319 CrPC. That order is challenged by filing this appeal.4. It is apparent from the record that the complainant lodged a report with Police...application under Section 319 CrPC was filed before the learned Sessions Judge stating that the names of the above four accused persons find mention in the FIR and the evidence of PW 1 Mohd. Alam, son of Abdul...

...Sessions Court reaches the stage indicated in Section 230 CrPC, that court can deal with only the accused referred to in Section 209 CrPC. There is no intermediary stage till then for the Sessions Court to....13. The stage of Section 209 CrPC having been reached in the case, it was not open to the Chief Judicial Magistrate, Mathura to exercise the power under Section 204(1)(b) CrPC and....4. The Chief Judicial Magistrate, Mathura, after recording the statements under Section 202 CrPC, issued summons to the appellant on 3-1-2011. Aggrieved by that order, the...

...moved an application under Section 209 CrPC read with Section 323 CrPC pleading therein that the 1 of 2 Criminal Misc. No. M-46708 of 2017 offence for which...since the petitioners were already on bail, mere filing of application under Section 209 CrPC read with Section 323 CrPC by the complainant and thereby, committal of case to the Court...Prayer in the present petition filed under Section 439 of the Code of Criminal Procedure, 1973 is for grant of regular bail to the petitioners in case...

...Section 230 CrPC, that the court can deal with only the accused referred to in Section 209 CrPC and there is no intermediary stage till then for the Sessions Court to add any other person to the array..., held that at the stage of Section 209 CrPC, the court is neither at the stage of inquiry nor at the stage of trial. Even at the stage of ensuring compliance with Sections 207 and 208 CrPC, it cannot...that the Magistrate at the stage of Sections 207 to 209 CrPC is forbidden, by express provision of Section 319 CrPC, to apply his mind to the merits of the case and determine as to whether any accused...

...cross-examine the witnesses and was then required to hear the parties and to commit the accused to the Court of Session unless he chose to act under Section 209 and found that there was no sufficient...for trial had been made out. This was obviously done to expedite the disposal of the criminal cases.6. Secondly, it would appear that under Section 209 of the Code of...209 CrPC is not to act as a mere Post Office, and has to come to a conclusion whether the case before him is fit for commitment of the accused to the Court of Session...

...entire criminal proceeding under Section 482 CrPC. In view of the constricted role of the Magistrate under Section 209 at the stage of committal of an offence exclusively triable by the Sessions...there was nothing in Section 209 of the CrPC of 1973 which would even remotely suggest that the protections as provided under the old Code have been telescoped to the existing one”. In this...cognizance. Section 209 CrPC provides the Magistrate the power to commit the case. In Dharam Pal v. State of Haryana, a Constitution Bench (2014) 3...

...B.K. SHARMA, J. (1.) This criminal petition has arisen out of two orders passed by the learned CJM, Kamrup in respect of committal of a case under Section 209 CrPC. While...the case to the Court of Sessions in view of the provisions of section 209 crpc. The learned CJM fixed the matter on 9.5.2006 for further consideration. (5.) The matter was again...provisions of section 209 crpc, the learned CJM is to exercise his judicial function towards recording prima facie satisfaction as to the offence disclosed by the materials on record and not to act...

..., therefore, without loss of further time pass an appropriate order under Section 209 CrPC. The Court of Session will, thereafter, commence trial at an early date and examine all the eyewitnesses first and...under Section 439(2) CrPC against the orders of the learned Sessions Judge for cancellation of the bail. On September 19, 1977 the High Court set aside the orders of the Sessions Judge dated August 1...in favour of the accused. However, as stated earlier, the FIR was lodged on June 10, 1977 and investigation proceeded in which statements of witnesses were recorded under Section 161 CrPC. The...

...Section 324 of the Code of Criminal Procedure, 1973, and also noticing the tenor of Section 209 CrPC as well as Section 228 CrPC, has held that the case pending...

...proceedings under Section 209 CrPC, were raised. One of the questions raised was that when the main offence is triable by the Court of Session, can such a power be exercised by the Magistrate. The High...summoned for offence under Section 209 IPC along with accused Jaswant Singh, Dharambir and Rajesh Kumar who had been summoned for offences under Sections 302/201/34 IPC. The order of the Magistrate...

...triable by the Court of Session, the Magistrate would commit the case to the said court under Section 209 CrPC. It is for the court to examine whether there is sufficient material collected during...-8-2011 under Section 161 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) wherein Umesh Kumar, the appellant was not named.6. The...during that judicial custody on 3-9-2011 that his statement was recorded a second time under Section 161 CrPC wherein he named Umesh Kumar, the appellant. On being enlarged on bail on 5-9-2011, Shri T...

...enquiring into a case under Section 209 CrPC is not to act as a mere post office and has to come to a conclusion whether the case before him is fit for commitment of the accused to the Court of Session...conviction may reasonably be based, he must commit the case. It is also clear that in exercising jurisdiction under Section 227 CrPC, the Magistrate should not make a roving enquiry into the pros and cons of...about the scope of sections 227 and 228 of the code, the following principles emerge:(i) The Judge while considering the question of framing the charges under Section 227 CrPC has the...

...the case, having regard to the narrow jurisdiction of the Magistrate under Section 209 CrPC, he was not required to balance and weigh the evidence as is done by the trial court. In the facts and...of 1992 whereby the High Court while dismissing the appeal and upholding the conviction of the appellant under Section 376 of the Indian Penal Code reduced the sentence to two years...No. 16 of 1990, by his judgment and order dated 27-11-1992 sentenced the appellant to seven years' rigorous imprisonment under Section 376 of the Indian Penal Code and a fine of Rs 20,000...

...(required under Section 209 CrPC, even though the Central Government was not a party to the writ petition). The High Court, vide its order dated 24-5-2013...Magistrate to the Court of Session, as provided in Section 209 CrPC. It is relevant to mention here that the Central Government was not even party in the writ petition in which direction was...also with regard to the supply of copies to the accused under Section 207 CrPC.6. Thereafter, on 5-2-2013, though the FIR in question was still under investigation, but...

...the allegations and the order of the Magistrate I find that under Section 209, CrPC the Magistrate had no power to assess the evidence and to conclude as to what offence is made out. Moreover Section...section 195 (l)(b)(i), crpc is applicable to the case and Court cannot take cog­nizance without compliant filed by the Court concerned.3. It appears that in a civil...provisions under section 195 (l)(b)(i), crpc and therefore, without a compliant in writing by the Court concerned no cog­nizance can be taken.4. Having considered...