What is the Procedure in cases which Magistrate cannot dispose of? What is the Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed? Section 322 and 323 of Code of Criminal Procedure 1973

 Procedure in cases which Magistrate cannot dispose of Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed are defined under Section 322 and 323 of CRPC 1973. Provision under these sections are:

 

 

 

Section 322 of CRPC "Procedure in cases which Magistrate cannot dispose of"

(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 -
(a) that he has no jurisdiction to try the case or commit it for trial ; or

(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district, or

(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.

 

Section 323 of CRPC "Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed"

If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XVIII shall apply to the commitment so made.

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