RAMEKBAL TIWARY vs MADAN MOHAN TIWARY & ANR.

The Supreme Court held that the Sessions Judge had jurisdiction under Section 437 of the Code of Criminal Procedure to set aside the Magistrate's implied order of discharge for the offence under Section 307 IPC and direct committal for trial. The Court clarified that an acquittal for minor offences does not bar a fresh charge for a major offence under Section 307 IPC, as the Magistrate lacked the authority to try that offence. The High Court's affirmation of the Sessions Court's order effectively set aside the Magistrate's acquittal, allowing for a new trial under Section 307 IPC despite the previous acquittal under Sections 326 and 338 IPC.