TMI Blog1976 (8) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... itioners on receipt of police report and transferred the case to Sri A.K. Sinha, Munsif Magistrate for disposal, Cr. Misc. No. 1271 of 1973 is directed against an order dated 23rd June, 1973 by which the learned Munsif Magistrate cancelled the bail bond executed by the accused petitioners in the court of the Sub-divisional Magistrate and issued non-bailable warrant of arrest against them. 4. It appears that on the basis of first information lodged by one Purushouttam Singh at Dhanarua police station on 15-2-1973 a case under Sections 147, 148, 149, 324, 323 and 341 of the Indian Penal Code was instituted against the petitioners. On completing investigation the police submitted charge-sheet against the petitioners. The learned sub-divisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s case, the Subdivisional Magistrate had no jurisdiction to transfer the case to the Munsif Magistrate without issuing process against the accused persons. But in my view the facts of this case are quite distinguishable from the facts of Nazim Baboo's case and therefore, the Bench decision in Nazirn Baboo's case is not applicable to the facts of this case. 7. The order sheet of the court of the Sub-divisional Magistrate shows that the petitioner Rabin Singh (petitioner No. 6) was produced in custody before the learned Sub-divisional Magistrate on 18-3-1973 and he was granted bail. The remaining petitioners also appeared and were enlarged on bail by the learned Sub-divisional Magistrate on 22-3-1973. The accused petitioners used t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case to a Munsif Magistrate was passed in presence of the accused persons and their lawyers. Therefore, they knew that the cognizance had been taken against them. They also knew that the case had been transferred to the Munsif Magistrate for disposal and that 23-6-1973 was the date fixed for their appearance before the Munsif Magistrate. In such circumstances, the fact that a formal order for issue of process was not passed by the Sub-divisional Magistrate under Section 204 of the Code does not appear to have caused any prejudice to the accused persons. 8. The provisions of Section 204 of the Code under which the Magistrate taking cognizance issues process run thus: 204, (1). If in the opinion of a Magistrate taking cognizance of an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on a police report can delegate the power of ascertaining truth or falsehood of the case to the transferee Magistrate. It is for this reason that Section 204(1) says that if in the opinion of the Magistrate taking cognizance there is sufficient ground for proceeding he shall issue process. It is for this reason that in the case of Nazim Baboo 1976 BBCJ 859 (supra) the Division Bench has held that in cases other than the cases to which Section 202 is applicable the process must be issued by the Magistrate, who has taken cognizance and the Magistrate taking cognizance in such a situation can transfer the case to another Magistrate for inquiry or trial only after issuance of process. With respect I agree with the general principles of law la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate on which cognizance is taken against them on police report and the order taking cognizance shows that the Magistrate is of opinion that there is a sufficient ground for proceeding and the order is passed in their presence, the order taking cognizance and transferring the case to another Magistrate for inquiry or trial without issuing process will not be invalid or without jurisdiction. The instant case is fully covered by the decision in Cr. Misc. No. 534 of 1972 (Pat). 12. In Cr. Misc. No. 534 of 1972 (Pat) we have further held that if the Magistrate taking cognizance has not fixed any date for the appearance of the accused before the transferee Magistrate, the transferee Magistrate may issue process against the accused intimating t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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