Supreme Court of India · 1960-12-05
SHRIRAM & OTHERS vs THE STATE OF BOMBAY
- Citation / case number
- SC 1960/21
- Court
- Supreme Court of India
- Petitioner
- SHRIRAM & OTHERS
- Respondent
- THE STATE OF BOMBAY
- Bench
- SUBBARAO
Judgment text excerpt
The Supreme Court ruled that under Section 207-A of the Code of Criminal Procedure, 1898, a Magistrate has the jurisdiction to commit an accused to the Sessions Court without recording evidence if the prosecution does not produce any witnesses. The Court established that the Magistrate's discretion to take evidence is judicial and can be corrected by a superior court. The commitment order was upheld, affirming the validity of the Magistrate's decision in this case.