Procedure by Magistrate not competent to take cognizance of the case
AI Assist
Summary
When a Magistrate is not competent to take cognizance, a written complaint must be returned with an endorsement so it can be presented to the proper court. If the complaint was made orally, the Magistrate should direct the complainant to the correct court instead.
Example
Ravi files a written complaint about a neighbour at a Magistrate who cannot take cognizance; the Magistrate returns the papers with an endorsement so Ravi can present them to the proper court. If Ravi had only narrated the facts orally, the Magistrate would have told him to go to the proper court instead.
Bare Act
Enacted textIf the complaint is made to a Magistrate who is not competent to take cognizance of the offence he shall,
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(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
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(b) if the complaint is not in writing, direct the complainant to the proper Court.
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