K.T.JOSEPH vs STATE OF KERALA

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 under the amended Section 202 of the Code of Criminal Procedure, 1973, an enquiry is mandatory before taking cognizance of an offence. The Court clarified that the Magistrate had incorrectly treated the proceedings as pre-cognizance when he had already taken cognizance by examining the complainant and witnesses. The unnecessary observations regarding the Judicial Officer's conduct were deleted, and the Chief Judicial Magistrate was granted discretion to record further statements if needed.