STATE OF MAHARASHTRA vs SK. BANNU AND SHANKAR

The Supreme Court interpreted Sections 195(1)(b) and (c) and Section 476 of the Code of Criminal Procedure, 1898, clarifying that a court cannot take cognizance of certain offences unless a written complaint is made by the court where the offence was committed. The Court held that the transferee Magistrate was not the successor in office of the original Magistrate who granted bail, thus invalidating the complaint made by the transferee Magistrate. Consequently, the acquittal of the accused by the High Court was upheld, establishing the principle that jurisdiction to initiate proceedings under these sections is limited to the original court or its successor.