Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1978

Supreme Court of India · 1978-02-14

SANJAY GANDHI vs UNION OF INDIA AND ORS.

Citation / case number
SC 1978/90481
Court
Supreme Court of India
Petitioner
SANJAY GANDHI
Respondent
UNION OF INDIA AND ORS.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court clarified the duties of the Committal Court under the Criminal Procedure Code, specifically Sections 193, 208, 209, 226, and 227. It held that when an offence is triable exclusively by the Court of Sessions, the Committing Magistrate lacks the power to discharge the accused or to take oral evidence, thus preventing a preliminary examination of the merits of the case. The Court emphasized the importance of expeditious trials and the limited role of the Committal Court in ensuring that the case is appropriately triable by the Sessions Court without delving into the merits.

SANJAY GANDHI vs UNION OF INDIA AND ORS. · Niyam