Law: Penal Code (XLV of 1860)

Section: 395, 378, 390, 391

Law: Criminal Procedure Code (V of 1898)

Section: 209

(a) Penal Code (XLV of 1860) S. 395 read with Ss. 378, 390 & 391-Robbery-Aggravated form of "theft" or "extortion" Essential ingredient: "intention to take dishonestly any movable property" Persons, accompanied by Court peon armed with writ of delivery of possession and distress warrant, including 6 borka clad women, entering disputed house and starting taking delivery Circumstances, held, do not attract provisions of S. 395. (b) Criminal Procedure Code (V of 1898) S. 209 read with Chap. XVIII-Scope of enquiry under Chap. XVIII Jurisdiction of Magistrate-Limited-Magistrate after slightly discussing evidence for reaching conclusion that no prima facie case made out against accused and discharging him-Magistrate cannot, in circumstances, be held to have over-stepped his limits. The function of the Magistrate in an enquiry under Chapter XVIII of the Code of Criminal Procedure is very limited. In discharging that limited jurisdiction he should not weigh the evidence and circumstances of the case for and against, for the purpose of finding out the guilt or otherwise of the accused, a task which is left to the Court of Sessions. But he cannot also perform his function completely shutting out his eyes to the evidence on record. It is true that he is not to weigh the evidence in the yard-stick of a scale but he cannot at the same time act blindly without testing the evidence to some extent. He cannot assume the function of the trial Court or trespass into the province of the Court of Sessions but he cannot also pass a frivolous matter to the Court of Sessions. He has certainly a duty to see whether the facts make out a prima facie case and whether they are sufficient ground to commit the accused for trial. If from the materials on record it is apparent that the prosecution case is absolutely frivolous or has no leg to stand on, it will be improper for him to pass it to the Court of Sessions as there would be little chance of conviction in such a case. In each case, the question shall be decided by its own facts. It may sometime be risky to pass a frivolous case to the Court of Sessions without carefully appreciating the evidence on…