Transfer on application of accused
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Summary
If a Magistrate has taken cognizance under that provision, the accused must be told before any evidence is recorded that they may ask for the case to be inquired into or tried by another Magistrate. If the accused (or any co-accused) objects to proceeding before that Magistrate, the case will be transferred to whatever other Magistrate the Chief Judicial Magistrate specifies.
Example
Rohan is accused of a minor assault. The Magistrate takes cognizance and before any evidence is recorded the court tells Rohan he can ask for another Magistrate to handle the case. Rohan objects, and the Chief Judicial Magistrate names a different Magistrate and the case is transferred.
Bare Act
Enacted textWhen a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.
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