Transfer on application of the accused
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Summary
When a Magistrate first takes cognizance of an offence, the accused must be told before any evidence is taken that they can have the inquiry or trial conducted by another Magistrate. If any accused objects to continuing before the sitting Magistrate, the case must be sent to the Magistrate specified by the Chief Judicial Magistrate.
Example
Priya is accused by a neighbour of taking money unfairly and the Magistrate takes cognizance. Before any evidence is taken the Magistrate tells Priya she can ask for the case to be inquired into or tried by another Magistrate. Priya objects to proceeding before the current Magistrate. The Chief Judicial Magistrate names another Magistrate and the case is transferred.
Bare Act
Enacted textWhen a Magistrate takes cognizance of an offence under clause c. of Sub-Section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.
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