Mohit Tomar Vs State Of Uttarakhand

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 117 of 2014

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Mohit Tomar S/o Sri Bijendra Singh Tomar

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…..Revisionist

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Versus State of Uttarakhand …..Respondent

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Mr. Arvind Vashistha, Senior Advocate assisted by Mrs. Monika Pant, Advocate for the revisionist.

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Mr. Vinod Kumar Jemini, Deputy Advocate General for the State.

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Hon’ble Alok Singh, J. (Oral)

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Learned C.J.M. Haridwar vide order dated 30.07.2013 was pleased to frame charges against the accused revisionist herein for the offence punishable under Section 333 I.P.C. too. Undisputedly, offence punishable under Section 333 I.P.C. is triable by the Court of Sessions. If Magistrate finds that offence is prima facie made out and is triable by the Session Court, learned Magistrate must commit the trial to the Sessions court. Learned Magistrate has absolutely no jurisdiction to frame charges for the offence triable by the learned Sessions Judge. Had case been committed to the learned Sessions Judge, revisionist accused perhaps could have argued before the learned Sessions Judge seeking discharge. Since Magistrate has framed charges for the offence triable by the Court of Sessions, therefore, impugned order does not sustain in the eyes of law.

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Consequently, revision is allowed. Order dated 30.07.2013 is hereby set aside. Case is remitted to the learned C.J.M., Haridwar who shall examine the record afresh and if he finds that offence is triable by the Court of Session, he may pass appropriate order committing the case to the Court of Sessions.

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IA No. 4007 of 2014 stands disposed of accordingly.

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(Alok Singh, J.)

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Dated 28^th October, 2014 Shiv

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2

Mohit Tomar v. State Of Uttarakhand

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Mohit Tomar v. State Of Uttarakhand

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