PROCEDURE IN CASES WHERE MAGISTRATE CANNOT DISPOSES OF (SECTION 322)

According to section 322 :If a Magistrate presumes during an inquiry or trial that:

• He lacks jurisdiction
• The case should be tried by another Magistrate in the district
• The case should be tried by the Chief Judicial Magistrate

It is obligatory to him to

• Stay the case
• Submit the case with a brief report to the Chief Judicial Magistrate or another Magistrate as instructed

The receiving Magistrate may:

• Try the case himself
• Refer it to a subordinate Magistrate with jurisdiction
• Commit the accused for trial

Case Laws

Baba Abdul Khan v A.D. Savant (1994)
A Judicial Magistrate (First Class) transferred a robbery case to the Chief Judicial Magistrate (CJM) due to the seriousness of the offence and public importance.The High Court upheld the transfer as proper and legal.
However, the court clarified that a Magistrate cannot split an offence into its components to gain jurisdiction.This case sets a precedent for when a Magistrate can transfer a case to a higher authority, but also limits their power to manipulate jurisdiction by splitting offences.

Bondal v State of M.P. (1983)
A Magistrate can commit a case to the Sessions Court under Section 323 if:

• The case is grave and of public importance
• The Magistrate thinks it's more suitable for the Sessions Court

 Commitment can occur:

• At any stage of the trial
• After framing a charge
• Even if the case was previously sent by the Sessions Court to the Magistrate on remand

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