AJAY KUMAR PARMAR V. STATE OF RAJASTHAN

The Supreme Court made three clear points. First, a Magistrate cannot discharge an accused if the case is exclusively for the Sessions Court. Second, a Section 164 CrPC statement should be recorded when the person is brought by police, not by voluntary walk-in. Third, the Magistrate cannot refuse cognizance only because of a Section 164 statement if the charge sheet shows a Sessions offence. The appeal was dismissed and the trial was ordered to proceed quickly.

1. Did the Magistrate have jurisdiction to discharge in a Sessions-only case?
2. Is a Section 164 CrPC statement valid if police did not produce the person?
3. Could the Magistrate refuse cognizance only on the basis of a Section 164 statement despite a charge sheet disclosing a Sessions triable offence?

• No discharge by Magistrate in Sessions-only matters; the case must be committed without assessing evidence.
• Section 164 CrPC statements should be recorded when the person is produced by police to preserve safeguards.
• When a charge sheet shows a Sessions offence, the Magistrate cannot refuse cognizance on a Section 164 statement alone. Evidence appraisal is for the Sessions Court.

The Supreme Court dismissed the appeal. It held that the Magistrate had no authority to discharge in a Sessions triable matter. The Section 164 statement was unreliable due to procedural flaws (no police production, identity/signature concerns, undue haste). The proper course under Sections 207–209 CrPC was to commit the case to the Sessions Court. Trial was directed to proceed expeditiously.

• Jurisdiction rule: Magistrate cannot discharge in Sessions-only cases; must commit.
• S.164 safeguard: Validity depends on proper police production and identity verification.
• Stage discipline: At charge/framing stage, consider only prosecution materials; defence evidence is premature.

For exams and practice, this case fixes the Magistrate–Sessions boundary. It also warns that shortcut Section 164 statements can taint the process. Always check the commitment duty under Ss. 207–209 CrPC.

Mnemonic — “C-P-C”

• Commit, don’t discharge (Sessions-only → commit).
• Police production for S.164 (safeguards first).
• Cognizance not denied on S.164 alone.

3-Step Hook:

1. Check forum: Sessions-only? → commit.
2. Check statement: S.164 with police production and proper ID?
3. Check stage: At charge stage, use prosecution papers only.

Cognizance

Magistrate’s act of taking notice of an offence to start judicial proceedings.

Sessions triable

Offences that must be tried by a Court of Session, not by a Magistrate.

Section 164 CrPC

Provision for recording confessions/statements before a Magistrate with safeguards.

Commitment

Sending a case from a Magistrate to the Sessions Court for trial.

Identification

Verifying the person’s identity before recording sensitive statements.