Allahabad High Court Seeks ACJM's Personal Presence To Explain Failure To Commit Case To Court Of Session For Over 2 Years

The Allahabad High Court today sought the personal presence of the Additional Chief Judicial Magistrate, Court No. 4, Hardoi to explain his failure to commit a criminal case to the Court of Session for over 2 years.

Essentially, the Bench of Justice Dinesh Kumar Singh was dealing with a bail application moved by one Suraj Pal/Accused against whom, the police, filed a charge sheet under Section 304 of IPC [Punishment for culpable homicide not amounting to murder], the cognizance upon which was taken by Additional Chief Judicial Magistrate, Hardoi on January 3, 2020. The investigation was still on and a further report was also filed on Feb 5, 2020, on which, cognizance was taken by the Magistrate.

However, thereafter, the Magistrate did not commit the case to the Court of Session to date, which is a normal course of action once cognizance of a case has been taken by the Magistrate and it appears to him that the case is exclusively triable by the Court of Session.

Here it may be noted that as per Section 209 of CrPC [Commitment of case to Court of Session when offence is triable exclusively by it], in a case instituted on a police report or otherwise, when the accused appears or is brought before a Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, then he is bound to commit the case to trial.

Taking into account the facts of the case, the Court, at the outset observed thus:

"It is very strange that though the cognizance was taken on 05.02.2020, but the learned Magistrate has not committed the case to Court of Session till date, particularly, the accused applicant is said to have been languishing in jail since 09.10.2019."

In view thereof, the Additional Chief Judicial Magistrate, Court No. 4, Hardoi has now been asked to remain present before the Court on the next date of listing along with the entire case file and an explanation, for not committing the case to the Court of Session for more than two years.

The matter has now been listed for further hearing on April 29, 2022.

Case Title - Suraj Pal v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 4629 of 2020]

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