Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Court of Session CrPC 197 3: ss.190 and 193 - Commital of case-Section 190 Court of original jurisdiction 193 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 197 3: ss.190 and 193 - Commital of case to the Court of Session after cognizance of offence by the Magistrate - Whether Court of Session is empowered to take cognizance of offence when similar application to the effect was rejected by Magistrate while committing the case to Sessions Court ~ Held: When the case is committed to the Court of Session by the Magistrate, per s.193 Court of Session shall take cognizance ‘as a Court of original jurisdiction’ and, thus, it is the first time the cognizance is taken and any order passed by the Magistrate while committing the case to the Court of Session would not amount to taking cognizance of the offence which are triable by the Court of Session — Since the Court of Session is acting as the Court of original jurisdiction u/s.193, after the conmnital of proceedings to it by the Magistrate, it is empowered to take cognizance and issue summons and it cannot be treated as taking second cognizance of the same offence. Dismissing the appeal, the Court |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 401 |
Petitioner | Balveer Singh & Anr. |
Respondent | State Of Rajasthan & Anr. |
SCR | [2016] 2 S.C.R. 504 |
Judgement Date | 2016-05-10 |
Case Number | 253 |
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