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february 1962

Supreme Court of India · 1962-02-01

BIPAT GOPE vs STATE OF BIHAR

Citation / case number
SC 1960/142
Court
Supreme Court of India
Petitioner
BIPAT GOPE
Respondent
STATE OF BIHAR
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court ruled that under Section 207A(6) of the Code of Criminal Procedure, a Magistrate does not have the jurisdiction to try a case and must not preempt the decision of the court of session. The Court found that the Magistrate had exceeded his jurisdiction by discharging the accused after a full examination of evidence, which was inappropriate for the stage of proceedings. Consequently, the High Court's order to set aside the Magistrate's discharge and commit the accused for trial was upheld.

BIPAT GOPE vs STATE OF BIHAR · Niyam