Making over or withdrawal of cases by Executive Magistrates
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Summary
A District Magistrate or Sub-divisional Magistrate may transfer any proceeding begun before them to a subordinate magistrate for disposal. They can later withdraw or recall a case they had transferred. After withdrawal they may either decide the case themselves or send it to some other magistrate for disposal.
Example
Priya files an FIR about a neighbourhood theft and the Sub-divisional Magistrate begins proceedings. The SDM makes the case over to a subordinate magistrate for disposal. Later the SDM withdraws the case and disposes of it himself.
Bare Act
Enacted textAny District Magistrate or Sub-divisional Magistrate may-
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(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;
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(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.
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