Making over or withdrawal of cases by Executive Magistrates
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Summary
A District Magistrate or Sub-divisional Magistrate can transfer any proceeding started before them to a subordinate Magistrate for disposal. They can also withdraw or recall a case they had earlier made over and either decide it themselves or refer it to some other Magistrate.
Example
Priya files a complaint before the Sub-divisional Magistrate. The SDM makes over the proceeding to a subordinate Magistrate, then later withdraws the case and disposes of it personally.
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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