Procedure in cases which Magistrate cannot dispose of
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Summary
If a Magistrate, while conducting an inquiry or trial, finds the evidence suggests he lacks jurisdiction, that another Magistrate in the district should try the case, or that it belongs before the Chief Judicial Magistrate, he must stop the proceedings. He must send the case with a short report to the Chief Judicial Magistrate or to whatever Magistrate the Chief Judicial Magistrate directs. The receiving Magistrate may then try the case if empowered, refer it to a subordinate with jurisdiction, or commit the accused for trial.
Example
Priya files an FIR after a neighbour accuses her of property damage. The local Magistrate starts inquiry but finds from the evidence that the offence occurred in another Magistrate's area and he lacks jurisdiction. He stays the proceedings, writes a short report, and forwards the case to the Chief Judicial Magistrate for direction.
Bare Act
Enacted text(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption-
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(a) that he has no jurisdiction to try the case or commit it for trial; or
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(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or
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(c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.
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