1) Magistrate Can Take Cognizance Of Protest Petition After Rejecting Police Final Report
2) HC Can Act On Section 482 Petition To Quash FIR Even If Chargesheet Has Been Filed During Its Pendency
3) Children Of Invalid Marriages Have Right In Their Parents' Share In Hindu Joint Family Property
4) Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness.
The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness.
The key requirement for the invocation of the power under the Section 323 is that the learned Magistrate concerned must feel that the case is one which ought to be tried by the Court of Sessions, the bench of Justices MM Sundresh and JB Pardiwala observed.
Section 323 deals with the procedure when, after Commencement of inquiry or trial, Magistrate finds case should be committed. It reads as follows: 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 hereinbefore contained and thereupon the provisions of Chapter XVIII shall apply to the commitment so made.The court said that it is not mandatory for the Magistrate to wait for the completion of the entire evidence of the Prosecution Witness, which is inclusive of crossexamination.
"Section 323 Cr.P.C. gives a discretion to the Court to exercise its power at any stage of the proceeding before signing judgment. It is, evident from the statute that the power under Section 323 Cr.P.C. may be invoked by the learned Magistrate at any stage of the proceeding prior to signing of the Judgment. Thus, it is a settled provision of law that the said power may be invoked even after the deposition or the examination-in-chief of a witness. The key requirement for the invocation of the power under the Section 323 is that the learned Magistrate concerned must feel that the case is one which ought to be tried by the Court of Sessions."
Archana vs State of West Bengal
https://www.lawweb.in/2024/03/supreme-court-section-323-crpc-power.html
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