Code
(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 presumptionn
(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.
Explanation
This section outlines the steps a Magistrate should take when they are unable to dispose of a case due to reasons like:
- Lack of Jurisdiction: The Magistrate lacks the authority to try the case.
- Transfer of Case: The case has been transferred to another Magistrate.
- Death or Resignation: The Magistrate handling the case has died or resigned.
- Other Circumstances: Any other circumstances preventing the Magistrate from proceeding with the case.
The section mandates that the Magistrate must:
- Record their inability to dispose of the case.
- State the reasons for their inability.
- Forward the case to the appropriate authority for further action.
Illustration
Imagine a case where a Magistrate is hearing a case involving a serious offense, but they are transferred to a different court. In this scenario, the Magistrate would:
- Record their inability to proceed with the case due to the transfer.
- Mention the transfer order as the reason for their inability.
- Forward the case file to the new court or the designated authority.
Common Questions and Answers
Q: What happens to the case when a Magistrate is unable to dispose of it?
A: The case is forwarded to the appropriate authority for further action, such as a higher court or another Magistrate with jurisdiction.
Q: Can a Magistrate refuse to dispose of a case?
A: No. Unless there are valid reasons as stipulated in Section 322, a Magistrate cannot refuse to dispose of a case.
Q: Is there a specific time limit within which the Magistrate needs to dispose of a case?
A: While there is no specific time limit mentioned in Section 322, the general principle of speedy trial applies. Magistrates are expected to dispose of cases as expeditiously as possible.
