Supreme Court of India · 2001-02-02
SUDHIR vs STATE OF M.P.
- Citation / case number
- SC 2000/16973
- Court
- Supreme Court of India
- Petitioner
- SUDHIR
- Respondent
- STATE OF M.P.
- Author
- R.P. SETHI. K.T. THOMAS
- Bench
- R.P. SETHI. K.T. THOMAS
Judgment text excerpt
The Supreme Court addressed the procedural issue of whether a Sessions Court must transfer a case to a Chief Judicial Magistrate when it finds that no offence triable exclusively by a Sessions Court is involved, as per Section 228(1) of the Code of Criminal Procedure. The Court held that the Sessions Judge's decision to frame charges under Section 324 read with Section 149 IPC and transfer the case was valid, emphasizing that charges must be based on the specific materials of each case. The Court upheld the High Court's dismissal of the revision petition, affirming the independence of charges in separate cases.