Making over of cases to Magistrates
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Summary
After taking cognizance of an offence, the Chief Judicial Magistrate may transfer the case for inquiry or trial to any competent subordinate Magistrate. A first-class Magistrate authorised by the Chief Judicial Magistrate can also make over the case to another competent Magistrate specified by the Chief Judicial Magistrate. The Magistrate who receives the case may then hold the inquiry or trial.
Example
Rohan files an FIR about a theft. The Chief Judicial Magistrate takes cognizance and assigns the case to a competent subordinate Magistrate to hold the trial. That Magistrate proceeds with the trial.
Bare Act
Enacted text(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.
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