2009 (5) TMI 984

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.... For Appellant/Petitioner/Plaintiff: U.U. Lalit, Sr. Adv., T. Ajay, P. Harish, Pyoli, Sumita Hazarika, Advs For Respondents/Defendant: R. Sathish and E.M.S. Anam, Advs. UDGMENT Arijit Pasayat, J. 1. Leave granted. 2. A small issue relating to the transfer of the proceedings in CC 1290 of 2008 on the file of learned Additional Chief Judicial Magistrate, Ernakulam forms the foundat....

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....Code, the Magistrate had already taken cognizance of the offence and he was not considering the sworn statements of the witnesses at the pre cognizance stage. Learned Single Judge felt that enquiry was mandatory after 23.6.2006. 3. The legal position is unexceptionable. 4. In the background facts we do not think that any exception can be taken to the transfer as directed by learned Single Ju....