2009 (5) TMI 984 - SC - Indian Laws

Summary

Issues involved: Transfer of proceedings in CC 1290 of 2008, interpretation of Section 202 of the Code of Criminal Procedure, 1973.

In the judgment, the Supreme Court addressed a small issue concerning the transfer of proceedings in CC 1290 of 2008 from the learned Additional Chief Judicial Magistrate to the Chief Judicial Magistrate, Ernakulam. The learned Single Judge had directed the transfer based on the mandatory requirement for an inquiry under Section 202 of the Code of Criminal Procedure, 1973, as amended by Central Act 25/2005. The Single Judge emphasized the necessity of conducting an inquiry after the amendment, noting that examining the complainant and witnesses under Section 202 amounted to taking cognizance of the offense. The Court found the legal position on this matter to be unexceptionable.

Regarding the transfer directed by the Single Judge, the Supreme Court found no issue with it in the background facts. The Court deemed the observations made against the Judicial Officer as unnecessary and deleted them. The Single Judge had also granted discretion to the Chief Judicial Magistrate to record further sworn statements if needed upon deciding to take cognizance of the offense. The Court considered these observations and directions to be appropriate, leading to the disposal of the appeal.