Section 192 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

1. The Chief Judicial Magistrate should first have taken cognizance of an offence before he makes an order of transfer of the case;

2. The transfer of case should be made to Magistrate subordinate to him;

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3. The transfer of case should be for the purpose of inquiry or trial; and

4. The Magistrate, to whom the case is transferred, should be otherwise competent to inquire into or try the case which has been transferred to him by the Chief Judicial Magistrate.

Sub-section (2) further provides that any Magistrate of the First Class may also, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as Chief Judicial Magistrate may, by general or special order specify.

As soon as the case is transferred under this section, the transferring Magistrate ceases to have any jurisdiction in the case and the Magistrate to whom the case is transferred may proceed with the case as if he had taken cognizance of it.

Under this section, a Magistrate can transfer only those cases of which he has taken cognizance under Section 190 of the Code, but he cannot transfer a case which has been transferred to his Court.

When a case is transferred from one Magistrate to another, under this section, a notice of transfer must be served upon the parties so as to enable them to oppose the transfer giving reasons, if they so desire.

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