Section 411 of CrPC : Section 411: Making Over Or Withdrawal Of Cases By Executive Magistrates
CrPC
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Explanation using Example
Imagine a situation where a District Magistrate (DM) has initiated proceedings in a case involving petty theft. During the trial, the DM realizes that due to an increased workload of more serious cases, they are unable to give this case the attention it requires. Applying Section 411 of The Code of Criminal Procedure, 1973, the DM decides to:
- Make over the ongoing petty theft case to a Judicial Magistrate of First Class (JMFC) who is subordinate to the DM, allowing the JMFC to handle the proceedings and pass judgment.
- Later, if the DM finds out that the case has certain complexities that the JMFC may not be equipped to handle, the DM can use Section 411 again to withdraw the case from the JMFC and either dispose of the case personally or assign it to another competent Magistrate for a fair trial.
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