DHARMA DAS BISWAS Vs. STATE
HIGH COURT OF CALCUTTA
Dharma Das Biswas
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(1.) The point involved is whether a Magistrate, to whom a case has been transferred under Section 192 can issue process under Section 204, Code of Criminal Procedure.
(2.) Section 190 provides for cognizance of offences by Magistrates. Sub-section (2) of Section 192 provides that any Chief Presidency Magistrate. District-Magistrate or Sub-divisional Magistrate may transfer any case, of which he has taken cognizance for enquiry or trial to any Magistrate subordinate to him. Section 204, which is concerned with the issue of process, provides that if in the opinion of the Magistrate taking cognizance of an offence there is sufficient ground for proceeding, he shall issue process for the attendance of the accused. The rest of the section is not material to the present purpose.
(3.) The point urged by Mr. Banerjee is that in terms of Sub-section (1) of Section 204, only the Magistrate who has taken cognizance of an offence, and not the Magistrate to whom the case has been transferred under Section 192, can issue process. The language of: Sub-section (1) of Section 204 does not support this contention. What the section enjoins is that if in the opinion of a Magistarte taking cognizance of an offence, there is sufficient ground for proceedings he shall issue process.. The section in terms does not prohibit the transferee Magistrate from issuing process. Nevertheless, the point taken by Mr. Banerjee is novel and may have to be discussed further in some other case.;
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