THAKUR RAM vs THE STATE OF BIHAR

The Supreme Court held that Section 437 of the Code of Criminal Procedure, 1898, empowers a Sessions Judge to order committal even in the absence of an express order of discharge by a Magistrate. The Court clarified that the power to commit is not limited to cases where the Magistrate has concluded that no offence exists, but is applicable to situations where the alleged offence is exclusively triable by a Sessions Court. The Court upheld the Sessions Judge's order for commitment, rejecting the appellants' contention regarding jurisdiction.