Code of Criminal Procedure, 1898
Code of Criminal Procedure, 1898 — Section 190: Cognizance of offences by Magistrates
190. Cognizance of offences by Magistrates.__ 1[(1) All Magistrates of the first class, or any other Magistrate specially empowered by the Provincial Government on the recommendation of the High Court, may take cognizance of any offence
(a)upon receiving a complaint of facts which constitute such offence;
(b)upon a report in writing of such facts made by any police officer;
(c)upon information received from any person other than a police officer, or upon his own knowledge or suspicion that such offence has been committed which he may try or send to the Court of Sessions for trial.] 2 1 [ [(2)] A Magistrate taking cognizance under sub-section (1) of an offence triable exclusively by a Court of Session shall, without recording any evidence, send the case to the Court of Session for trial.] 3 [191. Transfer on application of the accused.__ When a Magistrate takes cognizance of an offence under sub-section (1), clause (c) of the preceding section, the accused shall, before any evidence is taken, be informed that he is entitled to have the case tried by another Court, and, if the accused, or any of the accused if there be more than one, objects to being tried by such Magistrate, the case shall, instead of being tried by such Magistrate, be sent to 4[1[* * *] to the Sessions Judge 1[* * *]] for transfer to another Magistrate.] 1 [192. Transfer of cases.__ A Sessions Judge may empower any Judicial Magistrate, who has taken cognizance of any case, to transfer such case for trial to any other Judicial Magistrate in his district, and such Magistrate may dispose of the case accordingly.]
This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.
