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2020 (6) TMI 715 - HC - Indian LawsMaintainability of application - appropriate forum - rape - offences of extortion, cheating, breach of trust, forgery and criminal intimidation - whether the procedure to be followed is that of 'trial of Warrant case by Magistrate' or as a 'Session triable case'? - HELD THAT:- Once the case stands committed to the Court of Sessions, the procedure enlisted under Chapter XVIII heading 'Trial Before A Court of Sessions' is followed. A bare perusal of Section 226 to 228 would show that there is no provision for recording any pre-charge evidence. After hearing and considering the records of the case and the documents, the accused is either discharged under Section 227 or if the case is exclusively triable by the Sessions Court, a charge is framed under Section 228 (1)(b). If the Judge is of the opinion that the case is not exclusively triable by the court of sessions, then he may frame the charge against the accused and transfer the case for trial to the Chief Judicial Magistrate. Thus, it is clear that a case involving an offence which is exclusively triable by a court of sessions, once committed in terms of Section 209 Cr.P.C., has to proceed in terms of chapter XVIII where there is no provision for recording pre-charge evidence. In the present case, a complaint was filed under Section 376 IPC along with other sections, which is exclusively triable by Court of Sessions, the learned M.M. rightly committed the case to the Sessions Court. The procedure adopted thereafter in recording pre-charge evidence was illegal and contrary to provisions of law. Further, the impugned order in remanding the case to the court of CMM with a direction to proceed in accordance with law, being illegal, is equally untenable - the case is directed to be listed before the concerned Sessions Court initially on 06.07.2020 for directions where after the trial in the present case shall proceed as "trial before a Court of Sessions", as outlined under Chapter XVIII Cr.P.C. Petition allowed.
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