No Requirement for Magistrate to Record Pre-Charge Evidence in Sessions-Triable Complaint Cases
Highlights of the Judgment:
- Interpretation of Section 209 and Section 244 of the Code of Criminal Procedure, 1973 regarding pre-charge evidence.
- Determination of whether a Magistrate must record prosecution evidence in complaint cases exclusively triable by the Court of Session.
- Analysis of the restricted, administrative nature of the Magistrate's role during committal proceedings.
- Distinction between the committal procedures under the 1898 Code and the streamlined 1973 Code.
- Application of the "failure of justice" principle regarding procedural lapses in committal.
- Review of key precedents on committal inquiries, including Sanjay Gandhi and Debendra Nath Padhi.