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.