Law: Criminal Procedure Code (V of 1898)

Section: 200, 202, 192(2), 529, 193(1), 480, 204

(a) Criminal Procedure Code (V of 1898)  Ss. 200 & 202 read with S. 537 Magistrate in normal course bound to record statement of complainant under S. 200, Cr. P. C. and if necessary, conduct a preliminary inquirySuch inquiry, however, discretionary and mere failure to comply with provisions of S. 200, Cr. P. C. cannot entail invalidation of proceedings Defect at best, held, a mere irregularity curable under S. 537, Cr. P. C. (b) Criminal trial  Cross casesOne crosscase triable by a Magistrate and other regarding same occurrence by Sessions CourtProposition 4hat crosscase triable by Magistrate should immediately be sent to Sessions Court, seized with other caseNot an absolute rule but a practice desirable in public interest, to prevent conflicting judg ment.[Practice and procedureCross case]. Muhammad Sadiq v. The State P L D 1971 S C 713 ; Abul Hussain and others v. The State 1968 P Cr. L J 300 and Nezamat All v. The State 1970 P Cr'. L J 448 ref. Lakshmi Narayana v. Suraya Narayana A I R 1932 Mad. 502 ref. (c) Criminal Procedure Code (V of 1898)  Ss. 192(2) & 529 Cross cases, transfer of Practice and procedureNo specific provisions laid down by Code for transfer of crosscases from one Court to anotherMagisterial Courts,, how ever, held, generally resort to such practice grownup over years as rule of propriety by pressing into service provisions contained in 3s. 192(2) & 529, Cr. P. C.[Practice and procedureCrosscase], (d) Criminal Procedure Code (V of 1898) S. 182 read with S. 200, proviso (a)Complaint, transfer ofPrivate complaint in writing filed before a MagistrateSuch Magistrate not bound to examine complainant, before transferring case under S. 192 or sending it to Sessions Court.[Complaint, transfer of]. (e) Criminal Procedure Code (V of 1898)  Ss. 200 & 202Section 200 only permits Magistrate taking Cog nizance of offence on complaint, to examine complainant on oath and to reduce to writing substance of his examination Sessions Judge, held, cannot act under S. 200, Cr. P. C. but may conduct a preliminary inquiry or direct an inquiry or investi gation to be made by a Magistrate or Police Officer under S. 202, Cr. P.…