Law: Penal Code (XLV of 1860)

Section: 307, 200, 202

Law: Criminal Procedure Code, 1898

Section: 307

Penal Code (XLV of 1860) S. 307 Cognizance of offence-First Class Magistrate recording statements of complainant and witnesses under Ss. 200 & 202, Criminal Procedure Code; 1898 in a complaint under S. 307--State ments, held, recorded without jurisdiction hence void and Sessions Judge acted illegally in dismissing complaint on basis of such statement. . Date of hearing ; 15th August, 1979.                                                                                                                                                                   JUDGMENT The only contention advanced by Mr. M. H. Shah is that the learned Additional Sessions Judge while dismissing the complaint under section 307/326/325/147/122/120-B, P. P. C. could not act on the basis of evidence which had been recorded by 1st Class Magistrate and hence be could not dismiss the complaint as he did on 4th April, 1978. Counsel has con tended that the First Class Magistrate was not authorized to take cogni zance of an offence under section 307, P. P. C., and hence, the statements of witnesses recorded by him did not exist in law. The Magistrate had acted under sections 200 and 202, Cr. P. C. by recording the statement of the complainant as well as the witnesses directly…