Re: [ap Judicial officers:149] Re Doubt regarding PRC to CC

[GAJAWADA VENU Venu]

Unless the case is committed, any case numbered as PRC mistakenly though it is triable by a magistrate can be converted into CC for which following any procedure is not required. It is only an administrative convenience.

On 19 Dec 2013 16:39, "kiran kumar.d" <jcj.k...@gmail.com> wrote:

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friend in my opinion:

A Magistrate is having power to convert a C.C into P.R.C :

Before commencement of trial at the time of framing charges if Magistrate founds that the case is to be tried by court of session by speaking order he can convert C.C into P.R.C, after charges at the time of trial magistrate can covert C.C into P.R.C Section 323, Cr.P.C. contemplates the procedure as to when the Magistrate should commit the case before the Sessions Court. "If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions herein before contained and thereupon, the provisions of Chapter XVIII shall apply to the commitment so made.

A Magistrate is having power to convert P.R.C into C.C till the case is committed u/s/209 cr.p.c Magistrate at the time of hearing on committal if  comes to an opinion that case is to be tried by him by passing speaking order with reasons he can convert it into PRC, there after he has no power to convert it. At the time of hearing on committal Magistrate can converts the case into C.C if it is taken mistakenly.

Latest judgment of supreme court bench: Dharampal &others v/s state of Haryana – crl.Ap.No.148 of 2003 dated: 18-07-2013- while confirming the judgment of Kishnu sigh's case Hon'ble court laid down guidelines for taking cognizance in sessions trial cases, post-cognizance and pre-cognizance stages.

friends correct me if it is wrong.

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[Jag Jeevan Kumar]

Taking cognizance of offence/s is a judicial act.  Cognizance of offences has to be taken after considering the relevant material.  Mistakes land us in troubles.  Self corrections will also land us in troubles.  It is better not to commit mistakes. 

The provisions are clear.  If it appears to the Magistrate that the offence is triable exclusively by the Court of Session, the Magistrate has to commit the case to the Court of Session.

On police report of simple hurt, one cannot take cognizance of the offence punishable under Section 302 IPC.  Having committed such an error, he may correct himself by taking shelter under the relevant provisions but he may invite in house treatment.