Procedure in cases which Magistrate cannot dispose of
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Summary
When a Magistrate finds from the evidence during inquiry or trial that he lacks jurisdiction, or that some other Magistrate in the district or the Chief Judicial Magistrate should try or commit the case, he must stay proceedings and send the case with a short report to the Chief Judicial Magistrate or to the Magistrate the Chief Judicial Magistrate directs. The Magistrate who receives it may try the case, refer it to a subordinate Magistrate with jurisdiction, or commit the accused for trial.
Example
Ravi faces a theft charge in a local Magistrate's court. During evidence the Magistrate realises the matter should be handled by the Chief Judicial Magistrate. He stays proceedings and sends a brief report and the case papers to the Chief Judicial Magistrate, who may try it, refer it to a subordinate Magistrate with jurisdiction, or commit Ravi for trial.
Bare Act
Enacted text(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption-
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(a) that he has no jurisdiction to try the case or commit it for trial, or
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(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district, or
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(c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.
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