AMANDEEP SINGH SARAN versus STATE OF CHHATTISGARH

Citation: [2023] 16 S.C.R. 435 · Decided: 29-11-2023 · Supreme Court of India · Bench: C.T. RAVIKUMAR · Disposal: Disposed off

Cited by 1 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

[2023] 16 S.C.R. 435 : 2023 INSC 1028
435
CASE DETAILS
AMANDEEP SINGH SARAN
v.
STATE OF CHHATTISGARH
(Criminal Appeal No. 2625 of 2023)
NOVEMBER 29, 2023
[C.T. RAVIKUMAR AND SUDHANSHU DHULIA, JJ.]
HEADNOTES
Issue for consideration: Conduct of the trial for off ence under Section 
409, Penal Code, 1860; exercise of powers under Cr.PC, for committal of 
cases to the Court of competent jurisdiction.
Code of Criminal Procedure, 1973 – ss.26, 29, 12, 323; First 
Schedule to CrPC – Penal Code, 1860 – s.409 – Courts by which off ences 
are triable – Procedure when, after commencement of inquiry or trial, 
Magistrate fi nds case should be committed– Appellant charged for 
commission of various off ences including u/s.409, IPC punishable with 
imprisonment for life or imprisonment of either description for a term 
which may extend to 10 years and fi ne and under two other enactments 
– Facing trial before the Court of the Chief Judicial Magistrate, not 
competent to impose a corporeal sentence of imprisonment beyond 7 
years – Appellant had already undergone incarceration for more than 
8 years – Parties ad idem that the Court of Chief Judicial Magistrate 
is not competent to try the off ence u/s.409, IPC:
Held: True that going by the First Schedule to Cr.PC an off ence 
u/s.409, IPC is triable by a ‘Court of the Magistrate of the First Class’ 
– Nonetheless, it is the indubitable position revealed from the very 
text of s.26 itself that the said Section and the First Schedule to Cr. PC 
enumerating the Courts by which diff erent off ences could be tried, are 
controlled by the other provisions of Cr.PC, as the Section itself opens 
with the phrase, “subject to the other provisions of this Code” – The 
First Schedule to Cr.PC, when lies in confl ict with the other specifi c 
provisions under the Cr.PC must give way to such other provisions 
436 
SUPREME COURT REPORTS 
[2023] 16 S.C.R.
under the Cr.PC – ‘Magistrate of the First Class’ and ‘Any Magistrate’ 
used in the explanatory note No. (2) in the First Schedule not only 
takes in ‘Metropolitan Magistrates’ but also takes in ‘Chief Judicial 
Magistrates’ as explicit from s.12, Cr.PC – The trial of the appellant is 
to be conducted before a Court of Session having jurisdiction over the 
area in question – As relates to an off ence u/s.409 IPC, going by the 
First Schedule to Cr.PC, it is triable by Court of a Magistrate of the First 
Class and since that expression takes in the Court of a Chief Judicial 
Magistrate – A scanning of the provisions u/s.323, CrPC would show 
that in any inquiry or trial before a Magistrate, “which expression would 
take in the Chief Judicial Magistrate as well”, it appears to him at any 
stage of the proceedings before signing the judgment that the case is 
one which ought to be tried by the Court of Session, it should commit 
to that Court before signing the judgment, the power u/s.323, CrPC is 
available to be exercised – Under normal circumstances, it was desirable 
to direct the Court of the Magistrate concerned to exercise the power 
after due consideration – However, in view of the peculiar circumstances 
of this case, that the maximum penalty imposable by the Court of Chief 
Judicial Magistrate is imprisonment not exceeding 7 years, taking into 
account the fact that the appellant had already undergone incarceration 
for more than 8 years, order passed for his release on bail and the fact 
that only 10 out of 86 witnesses on the side of the prosecution have been 
examined, Court of the Chief Judicial Magistrate, Raipur to commit the 
case under trial against the appellant to the Court of Session to which he 
is subordinate, to enable that Court to conduct the trial in the said case 
– Court of Session concerned shall proceed with the trial of the case in 
accordance with law under Chapter XVIII, Cr. PC – Constitution of India 
– Article 21 – Prize Chits and Money Circulation Schemes (Banning) 
Act, 1978 – Negotiable Instruments Act, 1881. [Paras 11, 12, 26, 27]
Code of Criminal Procedure, 1973– Explanatory Note No. (2) in 
the First schedule to Cr.PC; ss.3(1)(c), 12:
Held: Expressions ‘Magistrate of the First Class’ and ‘Any Magistrate’ 
used in the First schedule to Cr.PC, include ‘Chief Judicial Magistrates’ as 
well – Any contra-construction would lead to a situation denuding the status 
of ‘trial Court’ to a Court of Chief Judicial Magistrate and in other words, 
437
any such contra-construction would tantamount to a declaration that as per 
the F

Excerpt shown. Read the full judgment & AI analysis in Lexace.