Procedure by Magistrate not competent to take cognizance of case
AI Assist
Summary
When a complaint reaches a Magistrate who cannot take cognizance of the offence, the Magistrate must ensure it goes to the proper Court. If the complaint is written, return it with an endorsement for presentation to the proper Court. If it is not written, tell the complainant to approach the proper Court.
Example
Priya files a written complaint at her local Magistrate, but that Magistrate lacks jurisdiction. The Magistrate returns her complaint with an endorsement so she can present it to the proper Court.
Bare Act
Enacted textIf the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,-
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(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
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(b) if the complaint is not in writing, direct the complainant to the proper Court.
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