Committal of Case -- Offence Exclusively Triable by Sessions -- Pre-committal evidence under S.244 CrPC not required
(i) Criminal Procedure Code, 1973, S.244 -- Committal of Case -- Offence Exclusively Triable by Sessions -- Applies only to offences triable by a Magistrate. Where the offence, such as one under Section 302 IPC, is exclusively triable by the Court of Sessions, Section 209 CrPC mandates direct commitment without any pre-committal inquiry. A Magistrate is not required to record evidence under Section 244 CrPC in such cases, and requiring witnesses to depose twice on the same facts serves no purpose. (ii) Criminal Procedure Code, 1973, S.209 -- Committal of Case -- Role of Magistrate at Pre-Committal Stage -- Confined to administrative work of ascertaining whether the case is triable exclusively by the Court of Sessions. The Magistrate cannot examine the merits of the case at this stage, since the legislature has consciously done away with hearing and evidence before committal.
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