Process can issue only by the cognizant Magistrate or a valid transferee Magistrate; otherwise, it is without jurisdiction.

Process in a criminal complaint may be issued only by the Magistrate who has taken cognizance under section 204 CrPC, or by another Magistrate after a valid transfer of the case, in which event section 202 applies. Where no transfer has been made, a Magistrate who did not take cognizance lacks jurisdiction to issue process. The document also notes that an observation about evidence coming from tainted sources indicated there was no case to proceed with. On that basis, the process was quashed and the challenge failed.

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Issues: Whether process could be issued only by the Magistrate who had taken cognizance of the complaint or by another Magistrate in the absence of a valid transfer of the case.

Analysis: Under the Code of Criminal Procedure, the power to issue process after cognizance lies with the Magistrate who has taken cognizance under section 204. A different Magistrate may act only where the case has been transferred to him, in which event section 202 operates. Here there was no transfer of the case to the Magistrate who issued the process. The High Court was therefore justified in holding that the issuance of process by a Magistrate who had not taken cognizance was without jurisdiction. The High Court's further observation that the evidence was from tainted sources only meant that there was no case to proceed with.

Conclusion: The process was rightly quashed, and the challenge to the High Court's order failed.

Ratio Decidendi: Process in a criminal complaint can be issued only by the Magistrate who has taken cognizance, or by a transferee Magistrate where a valid transfer has been made; absent such transfer, issuance of process is without authority.

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