May 19, 2019:
Delhi High Court has accepted that Magistrate has to follow the procedure of pre-charge evidence even in cases triable by the court of sessions.
A bench of justice Sachdeva has passed the order in the case titled as State vs Suresh Gautam on 15.05.2019.
A complaint was filed by the respondent No.3 alleging that respondent Nos.1 & 2 had committed an offence under Section 307/323/324/452/506/120-B/34 IPC. After recording of the pre summoning evidence, respondent Nos.1 & 2 were directed to be summoned by order dated 12.08.2013. By order dated 12.11.2013 case was committed to the Court of Sessions. On 08.01.2014 charges was framed against respondent Nos.1 & 2 under Section 454/34 IPC and Section 307/34 IPC.
State has filed a revision petition seeking quashing of order dated 04.01.2016 passed by the Court of Additional Sessions Judge rejecting the application filed by the State under Section 244 Cr.P.C. seeking remit of the matter to the Court of MM for recording pre charge evidence.
After hearing the arguments and relying upon earlier judgments, the High Court agreed with the state and directed "The matter is remitted to the Court of MM and shall be commenced from the stage of recording of pre charge evidence. The matter shall be placed before the Chief Metropolitan Magistrate, Central District, Tis Hazari Courts on 28.05.2019 for assignment to the concerned Court of Metropolitan Magistrate. Parties shall appear before the Court of CMM on the said date".
Read the Order here:
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