Code of Criminal Procedure, 1973–Secs. 193, 190, 319 & 397/401–After committal of case to Court of Sessions, revisional Court quashed to order of taking the cognizance and remanded back the matter for re-hearing on cognizance–Magistrate took the cognizance again–Whether it was permissible?–Held, no–Revisional Court committed the gross error in setting aside the order of committal and remanding the case–It exercised the powers which are not vested under the Code–Thereafter, the Magistrate also committed error in taking the cognizance after committing the case as he had became functus officio–Order of committal deserves to be restored.
