Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code 1973 : Section 202(2) proviso |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law: Criminal Procedure Code, 1973: Section 202(2) proviso-Holding of inquiry-By Magistrate- !11 cases exclusively triable by Sessions Court-Nature of Discretionary or mandatory-Case committed to Sessions Court without examining any witness-Objection regarding non-examination of witnesses by the committal court raised only at the stage of final arguments after rewarding of prosecution evidence and statements of accused under s. 313-Validity of-Held : Per Thomas, J.; mandatory but omission by itself will not vitiate the proceedings and if belated objection is taken it has to be decided according to S. 465-Per Shah, J.; discretionary but omission by itself will not vitiate trial unless it is established that prejudice is caused to the accused-Per curium; since the objections is taken when the trial is almost over the High Court erred in directing the Magistrate to conduct a fresh enquiry and thereafter commit the case to the Sessions Court-Case remanded to the Sessions Court with the direction to complete the hearing and dispose of the case on merits- Kerala Abkari Act- lnterpretation of Statutes. Section 202(2) proviso-Nature of- Mandatory or discretionary--Legislative intent-Determination of-Criteria for, Held : Per Thomas, J.; mere placement of the proviso below s. 202(2) and not below s. 200 is not the only criterion for discerning the legislative intent-lndications can be gathered from other connected provisions for taking a contrary view-In view of ss. 204 and 208 and 41st Report of the Law Commission. S. 202(2) proviso is mandatory-41st Report of the Law Commission. Section 207:--Nature of inquiry under~Standard to be adopted by Magistrate-Held : Per Shah, J; is of a limited nature-The standard to be adopted by the Magistrate in scrutinising the evidence not the same as that adopted for framing of charge.Section 208-Furnishing of documents-To the accused-Held : Per Thomas, J; it is obligatory for the Magistrate to supply the documents to the accused free of cost. Words and Phrases : "Shall furnish''-Meaning of-In the contest of S. 208 of the Criminal Procedure Code, 1973. |
Judge | Hon'ble Mr. Justice M.B. Shah |
Neutral Citation | 2000 INSC 12 |
Petitioner | Rosy And Anr. |
Respondent | State Of Kerala And Ors. |
SCR | [2000] 1 S.C.R. 107 |
Judgement Date | 2000-01-10 |
Case Number | 18 |
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