section 346
Procedure of Magistrate in cases with he cannot dispose of
The Code of Criminal Procedure, 1989Chapter XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Procedure of Magistrate in cases which he cannot dispose of.-(1) If, in the course of an inquiry or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption that the case is one which should be tried or committed for trial by some other Magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining its nature, to any Magistrate to whom he is subordinate or to such other Magistrate having jurisdiction, as the District Magistrate [or the Chief Judicial Magistrate, as the case may be,] 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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