Withdrawal of cases by Judicial Magistrates
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Summary
The Chief Judicial Magistrate can take back any case from a subordinate magistrate or recall a case he had made over, then try it himself or send it to another competent magistrate. A Judicial Magistrate may likewise recall a case he had made over and may inquire into or try it himself. This power kicks in whenever a case has already been handed to another magistrate.
Example
Aditya's theft case had been made over to a subordinate magistrate for inquiry. The Chief Judicial Magistrate withdraws the case and decides to try it himself instead of leaving it with the subordinate magistrate.
Bare Act
Enacted text(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.
(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself.
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