CrPC 322 — Procedure in cases which Magistrate cannot dispose of

Code of Criminal Procedure, 1973

Statutory 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—
(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.

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