Doubt regarding PRC to CC

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Radha Krishna Chowhan

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Dec 18, 2013, 9:59:06 AM12/18/13

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Namasthe,
I want to pose a question. Whether a PRC can be converted into a CC on the ground that it was a mistake of magistrate in taking cognizance. If so under what provisions? I heard that its only a post master's job in PRC. I invite the discussion on this topic as there are no activities in group in the recent past.

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Regards,
M.Radha Krishna Chahavan,
B.Tech.,LLM.
II Addl. Junior Civil Judge, Nizamabad,
Nizamabad District.

kiran kumar.d

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Dec 19, 2013, 6:08:53 AM12/19/13

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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.