Code of Criminal Procedure, 1973–Secs. 207 to 209–Penal Code, 1860–Secs. 376 & 342–Committal of the case to Court of Sessions–Police filed chargesheet–Prosecutrix give her statements u/s. 164 during the investigation– Magistrate took these statements on record and passed the order of discharge of accused–Whether justified?–Held, no–When the charge sheet had been filed, Magistrate was bound for committing the case for Sessions trial–Further the Magistrate was not empowered to record the statements u/s. 164 even on the request of prosecutrix–Impugned order was rightly set aside by revisional Court.
