DELHI HIGH COURT: TRIAL HAS TO BE BEGIN DE NOVO WHEN CASE IS COMMITTED BY MAGISTRATE TO SESSION COURT

The Delhi High Court in the case Shankar @ Gori Shankar v. State Of NCT Of Delhi And Anr observed and has ruled that when a case is committed by the Magistrate to the Court of Session, the trial would have to begin de novo.

The bench headed by Justice Amit Bansal in the case observed and has stated that the Sessions Court would first frame charges and then proceed with the examination of the witnesses.

The court stated that when a case is committed by the Court of Magistrate to the Court of Session, the Magistrate becomes functus officio and any evidence which is recorded therein cannot be held to be admissible for the purposes of a de novo trial before the committal Court.

The court stated that the evidence would also have to be recorded de novo. The bench of Justice Bansal in the case was dealing with the petition moved by an accused wherein it challenged an order passed by the Additional Sessions Judge which held that a de novo trial is not required to be started when the matter is committed by the Court of Magistrate to the Court of Session.