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Section 326 - Code of Criminal Procedure Act, 1973
326.Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.-
(1) Whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself:
Provided that if the succeeding Magistrate is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.
(2) When a case is transferred under the provisions of this Code from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1).
(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 322 or in which proceedings have been submitted tom a superior Magistrate under section 325.
Related Sections
- Section 29: Sentences which Magistrates may pass
- Section 143: Magistrate may prohibit repetition or continuance of public nuisance
- Section 350: Summary procedure for punishment for non-attendance by a witness in obedience to summons
- Section 210: Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
- Section 236: Previous conviction
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