K.T.Joseph vs State Of Kerala & Anr

The Supreme Court upheld the transfer of proceedings in CC 1290 of 2008 from the Additional Chief Judicial Magistrate to the Chief Judicial Magistrate, emphasizing that post-amendment to Section 202 of the Code of Criminal Procedure, 1973, an enquiry is mandatory before taking cognizance of an offence. The Court clarified that the learned Single Judge's observations regarding the conduct of the Magistrate were unnecessary and thus deleted. The Chief Judicial Magistrate retains the discretion to record further sworn statements if he decides to take cognizance of the offence.