Procedure of Magistrate taking cognizance
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Summary
When a magistrate receives a complaint about theft, they must, despite Chapter XVI, as far as possible treat and handle it like a case begun on a police report. If an appeal is pending against the judicial proceeding that gave rise to the complaint, the magistrate may, at any stage, adjourn the hearing until that appeal is decided.
Example
Priya goes to the magistrate and complains that someone stole goods from her shop. The magistrate treats the matter as if it began on a police report and starts the inquiry. When informed that an appeal is pending from the earlier court proceeding on the same dispute, the magistrate adjourns Priya’s hearing until that appeal is decided.
Bare Act
Enacted text(1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
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