Law: Criminal Procedure Code (V of 1898)

Section: 209

Criminal Procedure Code (V of 1898) Chap. XVIII, S. 209 Inquiry into cases friable by Court of Session-Discharge Enquiry Magistrate, functions of Magistrate required only to ascertain if there were good materials to make out a prima facie case against accused-Enquiry Magistrate weighing evidence in scale and in rejecting same travelling beyond his jurisdiction-Magistrate, held, practically assumed function of trial Court-Order of discharge, in circumstances, held, rightly set aside by Sessions Court. The function of a Magistrate in an enquiry under Chapter XVIII of the Criminal Procedure Code is very limited and he is required only to ascertain if there are good materials to make out a prima facie case against the accused persons. The accused were facing charges under sections 307, 324/323, 379, P. P. C. and the gun shot injury on the person of the victim had been proved by the doctor. The Enquiry Magistrate after weighing the prosecution evidence rejected the same and discharged the accused under section 209, Cr. P. C. After the order was set aside by the Sessions Judge the High Court was moved in revision: Held, it appeared from the order of discharge that the Magistrate in his lengthy judgment had not only weighed the evidence in the scale but had also travelled beyond his jurisdic tion in rejecting the evidence of the witnesses either for this or that reason. He had practically assumed the function of the trial Court instead of limiting himself to the task of finding out a prima facie case. Mazharul Haq v. Ishaque Sardar and IS others P L D 1962 S . C 480 ; Hari Ballav Shaha Roy v. Gopi Ballav Shaha and another P L D 1959 S C (Pak.) 347' ; The State v. Karban Sardar P L D 1962 Dacca 221; Abdul Gani Chakladar'v. Gulivar Ali Chakladar P L D 1967 Dacca 756 and Abdul Wahab and others v. The State 21 D L R 102 rel.   JUDGMENT This Rule is directed against an order dated 14-2-66 passed by the learned Additional Sessions Judge, Khulna under sec tion 437, Cr. P. C. setting aside an order of discharge dated 12-8-65 under section 209, Cf. P. C. and directing the Magistrate to commit the accused-petitioners to the Court of Sessions for trial. The…