Supreme Court of India
Thakur Ram v. The State of Bihar
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From the headnote
Code of Criminal Procedure 1898 (Act 5 of 1898), s. 437-Powers of Sessions Judge to order committal in the absence of express order of discharge by Magistrate. The accused were charged under s. 392, Indian Penal Code in the Coun of a Magistrate. The prosecution failed in its attempt to have the procedure under Ch. XVIII, Code of Criminal Procedure adopted. After 15 months, the prosecution made an application to the Magistrate to frame a charge under s. 386 or s. 387, Indian Penal Code (which are exclusively triable by a Court of Sessions) and to commit the accused to the Court of Sessions,
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