Short notes on Committal Proceeding (Section 209)

When the offence is triable exclusively by a Court of session, the case should be taken on file as a Preliminary Register Case [PRC].

If the case arises out of a private complaint, first of all the complainant’s sworn statement should be recorded. Thereafter the case should be assigned a PRC number and summons should be issued to the P.W.s including the complainant for recording their statements under Section 202 Cr.P.C.

After such statements are recorded, summons or warrant be should straight away issued to the accused after taking the case on file and after assigning a PRC number to it.

When the accused appears or is produced before the Court, the Magistrate should verify (in cases arising out of a police charge-sheet) and so that all documents referred to in Section 207 are furnished to the accused.

Thereupon the Magistrate should pass an order briefly setting out the prosecution case as disclosed in the private complaint or the police charge-sheet and stating that it discloses an offence exclusively triable by a Court of session and that the case is therefore committed to sessions. What are committed to sessions are only the case and not the accused.

A Magistrate has practically no power to discharge the accused in a P.R.C. case. If he feels that the offence alleged is not one which is triable exclusively by a Court of Session, he may convert the P.R.C. into a calendar case (C.C.) and proceed accordingly, depending upon the question whether summons case procedure or warrant case procedure should be adopted.

Conversely even if the case is originally taken on file and registered as C.C. and if in the course of the enquiry or trial the Magistrate feels that the case is one which ought to be tried by a Court of session, he should immediately pass an order converting the C.C. into P.R.C. and make a note about it on the case docket.

The C.C. number in the relevant registers would be rounded off and a new P.R.C. number would be entered in the P.R.C. register. Thereafter he should pass orders committing the case to sessions. (Refer Section 323)

In this context it is necessary to refer to another matter also. If after the sworn statement is recorded and before summonses are issued to the accused the Magistrate finds that he is not competent to take cognizance of the offence either because of want of territorial jurisdiction or because of lack of power, he should return the complaint to the complainant for presentation before proper Court.

Such a situation is envisaged only in the case of private complaint. Though there is no specific provision governing cases arising out of police charge-sheets, if the Magistrate after perusing the charge-sheet finds that he has no territorial jurisdiction or the necessary competency to try the offence alleged he may return the charge- sheet for proper presentation.

Sometimes it happens that after the commencement of the enquiry or trial the Magistrate discovers that he has no jurisdiction to try the case or commit it to sessions or that the case is one which should be tried or committed to sessions by another Magistrate in the district or that the case should be tried by the Chief Judicial Magistrate.

In such a case all further proceedings should be stayed and the Magistrate should submit report to the Chief Judicial Magistrate who will thereupon either pass orders withdrawing the case and trying it himself or transfer to some other subordinate magistrate in the district having jurisdiction (refer Section 322).

It is therefore obvious that after the commencement of the inquiry or trial the Magistrate loses the power to return the complaint or the charge-sheet for proper presentation even if he has no territorial jurisdiction of necessary competence to try or commit the case.

The only courses open to him in such circumstances is to submit a report to the Chief Judicial Magistrate for necessary orders.