Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness: Supreme Court

The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness.The key requirement for the invocation of the power under the Section 323 is that the learned Magistrate concerned must feel that the case is one which ought to be tried by the Court of Sessions, the bench of Justices MM Sundresh. The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness. The key requirement for the invocation of the power under the Section 323 is that the learned Magistrate concerned must feel that the case is one which ought to be tried by the Court of Sessions, the bench of Justices MM Sundresh and JB Pardiwala observed. Archana vs State of West Bengal | 2023 LiveLaw 742 | CrA 2655 OF 2023 Code of Criminal Procedure, 1973 ; Section 323 - High Court directed the Magistrate to undertake the exercise of committal in pursuant to a decision to be taken as to whether a charge can be added under Section 307 IPC only after the conclusion of the entire evidence of prosecution witness - It is not mandatory for the Magistrate to wait for the completion of the entire evidence of the Prosecution Witness, which is inclusive of crossexamination - Section 323 Cr.P.C.