Law: Criminal Procedure Code (V of 1898)

Section: Ch. XVIII

  Evidence-Standards of weighing-Different for purpose of "commitment" of accused for trial and for conviction.   Criminal Procedure Code (V of 1898), Ch. XVIII--- Magistrate either to "commit" or "discharge" accused-Not making an order of "commitment" amounts to "discharging" accused - [Krishna Reddi v. Subbama I L R 24 Mad. 136 agreed].   Charge-Omission to frame charge in regard to particular offence may amount to "discharge" of accused of such offence if Magistrate had applied his mind or had consciously refrained from framing a charge-Acquittal or conviction under one charge does not necessarily mean discharge under another-Sessions Judge to interfere only when discharge is improper or requires further inquiry -Criminal Procedure Code (V of 1898), Ss. 436, 437, 209 & 226 [Baij nath Pandey's case I L R 20 Cal. 633 distinguished]. JUDGMENT   The petitioners, in this case, obtained a Rule on the Deputy Commissioner, Chittagong and the complainant opposite-party to show cause why the order of Mr. M. E. Ali, Additional Sessions Judge, Chittagong made on 29-4-61 directing commitment of the petitioners to the Court of Sessions after charging them under section 395 of the Pakistan Penal Code in addition to the charges already framed against them should not be set aside.   This application arises in the following circumstances:   The complainant opposite-party lodged a first information report at the Police Station, Double Mooring, Chittagong, on the. 7th of January 1953, alleging inter alia that the petitioners along with others, raided a tin shed of the opposite-party situate in plot No. 15150 appertaining to Khatian No. 3921 of Mouza Madhyer Halishahar of the collectorate of Chittagong.   A civil suit regarding the disputed plot was pending in the Court of the 3rd Subordinate Judge, Chittagong, and a question arose as to possession of the disputed plot. As it was asserted by the complainant that he was in possession of the said plot, he was directed by the learned Subordinate Judge to affirm it by an affidavit and he agreed to do. Thereafter, as alleged by the…