P. C. GULATI vs LAJYA RAM KAPUR AND OTHERS

The Supreme Court held that under Section 526(1)(ii) of the Code of Criminal Procedure, 1898, the High Court has the authority to transfer cases from a Magistrate's court to a Sessions court. The Court clarified that 'cognizance' refers to the initiation of proceedings and does not preclude the Sessions court from proceeding with a trial after a valid transfer. The dissenting opinion argued that a proper commitment is necessary for such a transfer, but the majority view upheld the High Court's competence in this regard.