Section 346 of CrPC : Section 346: Procedure Where Court Considers That Case Should Not Be Dealt With Under Section 345

Explanation using Example

Imagine a scenario where during a local sports event, a spectator, Mr. Sharma, becomes overly aggressive and assaults another attendee, causing minor injuries. The incident occurs in the presence of a judge who is attending the event. The judge, recognizing that the offence is of the nature that could be settled under Section 345 of the Code of Criminal Procedure (dealing with certain offences being compounded), initially considers handling the matter there itself.

However, upon further consideration, the judge decides that Mr. Sharma's behavior warrants a more severe punishment than a simple fine, perhaps because of the nature of the injuries caused or because Mr. Sharma has a history of such behavior. The judge then follows the procedure laid out in Section 346: the facts of the assault are recorded, along with Mr. Sharma's statement.

Since the judge believes the case requires a trial and possibly imprisonment, Mr. Sharma is asked to provide security to ensure his appearance before a Magistrate with the proper jurisdiction. Mr. Sharma is unable to provide the security and is consequently taken into custody and forwarded to the Magistrate. The Magistrate will then handle the case as if it had been initiated based on a police report, despite the fact that it was actually referred by the judge who witnessed the offence.