Emperor vs Babu Prasad and Another

Banerji, J.—The facts of this case are set forth in the referring order of the learned Sessions Judge and it is unnecessary to repeat them. It is clear that the procedure adopted by the Munsif in committing the case to the Court of Session was irregular and illegal. I agree with the view of the learned Sessions Judge and quash the commitment. I direct that the record be sent to the District Magistrate with the request that he himself or by a competent subordinate Magistrate do hold an inquiry into the matter and commit the case to the Court of Session, if necessary. The case should be deemed to have been committed to the Criminal Court u/s 476 of the Code of Criminal Procedure.