https://www.taxtmi.com/caselaws?id=298007 When accused persons had already appeared and were on bail, a Magistrate taking cognizance on a police report could transfer the case for inquiry or trial without first issuing process under Section 204, because service of process in their presence would be an empty formality. The decisive requirement was that the Magistrate had applied his mind to the police report and found sufficient ground to proceed. The transferee Magistrate could also enforce attendance under the existing bail bond, and the accused's non-appearance on the fixed date justified coercive steps, including cancellation of bail bond and issue of a non-bailable warrant. The challenge to the transfer and subsequent orders therefore failed. en-us Tue, 03 Aug 1976 00:00:00 +0530 Tue, 05 Oct 2021 10:01:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298007 When accused persons had already appeared and were on bail, a Magistrate taking cognizance on a police report could transfer the case for inquiry or trial without first issuing process under Section 204, because service of process in their presence would be an empty formality. The decisive requirement was that the Magistrate had applied his mind to the police report and found sufficient ground to proceed. The transferee Magistrate could also enforce attendance under the existing bail bond, and the accused's non-appearance on the fixed date justified coercive steps, including cancellation of bail bond and issue of a non-bailable warrant. The challenge to the transfer and subsequent orders therefore failed. Case-Laws Indian Laws Tue, 03 Aug 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298007