Code of Criminal Procedure, 1973–Secs. 190(1)(b) & 193–Magistrate took the cognizance for the offence against only the accused A–Respondent no. 2 filed the application u/s. 190–Dismissed by Magistrate–Thereafter, the matter was committed for session trial as the case was of Sec. 306 IPC–Again, application u/s. 190 before Session Court–Allowed–Whether such course of action is permissible ?–Held, no–However, the Court of Session is not powerless to pass an order in his revisionary jurisdiction–In the instant case, the
impugned order was passed after giving the proper opportunity of hearing to appellants–So, no interference is required.
