Supreme Court of India · 1957-10-08
RAMGOPAL GANPATRAI RUIA & ANOTHER vs THE STATE OF BOMBAY
- Citation / case number
- SC 1954/90272
- Court
- Supreme Court of India
- Petitioner
- RAMGOPAL GANPATRAI RUIA & ANOTHER
- Respondent
- THE STATE OF BOMBAY
- Bench
- SINHA, BHUVNESHWAR P.
Judgment text excerpt
The Supreme Court held that the High Court has the power under Section 439 of the Code of Criminal Procedure to revise a discharge order made by a Presidency Magistrate and direct the committal of the accused to the Court of Session. The Court clarified that 'sufficient grounds' in Sections 209, 210, and 213 do not refer to conviction but to the evidence needed to put the accused on trial. The High Court's decision to set aside the discharge order was affirmed, as the evidence presented made out a prima facie case against the accused under Sections 409 and 409 read with Section 109 IPC, and the delay in trial was attributed to the appellants themselves.