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2013 (7) TMI 1181 - SC - Indian LawsConflict of opinion in the decisions of two Two-Judge Benches and Three-Judge Bench - Powers of the Session Court u/s 209 of Crpc - Court of original jurisdiction - issue of summons u/s 193 - committal order passed by the learned Magistrate - This matter was initially directed to be heard by a Bench of Three-Judges in view of the conflict of opinion in the decisions of two Two-Judge Benches, When the matter was taken up for consideration by the Three-Judge Bench, it was brought to the notice of the court that two other decisions had a direct bearing on the question sought to be determined. Ranjit Singh's case disapproved the observations made in Kishun Singh's case, which was to the effect that the Session Court has power under Section 193 of the Code of Criminal Procedure, 1973, Code to take cognizance of an offence and summon other persons whose complicity in the commission of the trial could prima facie be gathered from the materials available on record. According to the decision in Kishun Singh's case, the Session Court has such power under Section 193 of the Code. On the other hand, in Ranjit Singh's case, it was held that from the stage of committal till the Session Court reached the stage indicated in Section 230 of the Code, that Court could deal only with the accused referred to in Section 209 of the Code and there is no intermediary stage till then enabling the Session Court to add any other person to the array of the accused. HELD THAT:- the Session Courts has jurisdiction on committal of a case to it, to take cognizance of the offences of the persons not named as offenders but whose complicity in the case would be evident from the materials available on record. Hence, even without recording evidence, upon committal under Section 209, the Session Judge may summon those persons shown in column 2 of the police report to stand trial along with those already named therein. Consequent upon our aforesaid decision, the view taken by the Referring Court is accepted and it is held that the decision in the case of Kishun Singh v. State of Bihar [1993 (1) TMI 304 - SUPREME COURT] and not the decision in Ranjit Singh v. State of Punjab [1998 (9) TMI 696 - SUPREME COURT]and lays down the law correctly in respect of the powers of the Session Court after committal of the case to it by the learned Magistrate under Section 209 Crpc. The matter is remitted to the Three-Judge Bench to dispose of the pending Criminal Appeals in accordance with the views expressed by the court in this judgment.
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