M. R. DHAWAN vs DELHI ADMINISTRATION & RAJA PRATAP BHANU PRAKASH SINGH

The Supreme Court held that under Section 437 of the Criminal Procedure Code, 1898, a revisional court may either set aside a magistrate's order of discharge and direct a fresh inquiry or commit the accused for trial without further inquiry. The Court clarified that it is not within its purview to assess the sufficiency of evidence for discharge in a special leave appeal. Furthermore, the Court noted that the commitment inquiry is governed by the 1973 Code if pending at its commencement, thus affirming the High Court's order for commitment under Section 409 IPC.