Mandatory Section 202 enquiry before cognizance, with complaint transfer sustained and adverse remarks deleted.

After the amendment to Section 202 of the Code of Criminal Procedure, an enquiry became obligatory for the Magistrate in the circumstances covered by the provision before taking cognizance. On the facts, the transfer of the complaint proceedings was consistent with that legal position and was sustained. The adverse remarks against the Judicial Officer were unnecessary and were deleted. The direction permitting the Chief Judicial Magistrate to record further sworn statements if required was also found proper, and no interference was warranted.

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Issues: Whether, after the amendment to Section 202 of the Code of Criminal Procedure, 1973, enquiry under that provision is mandatory before taking cognizance, and whether the order transferring the complaint proceedings was liable to be interfered with.

Analysis: The amendment to Section 202 made it obligatory for the Magistrate to conduct an enquiry in the circumstances contemplated by the provision. On the facts, the transfer ordered by the learned Single Judge was consistent with the legal position. The remarks concerning the Judicial Officer were unnecessary, and the direction permitting the Chief Judicial Magistrate to record further sworn statements if required was also found to be proper.

Conclusion: The transfer order was sustained and the adverse observations were deleted; no interference was warranted.

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