Shivjee Singh vs Nagendra Tiwary & Ors

The Supreme Court held that the proviso to Section 202(2) of the Code of Criminal Procedure (Cr.P.C.) is not mandatory for a Magistrate to take cognizance in cases triable by the Court of Sessions. The Court clarified that the Chief Judicial Magistrate can take cognizance if satisfied with the prima facie case, even if not all witnesses are examined. The order of the Patna High Court remitting the case for further inquiry was set aside, affirming the cognizance taken under Section 302 IPC and Section 27 of the Arms Act.