Section 322 of CrPC : Section 322: Procedure in cases which Magistrate can not dispose of.

Explanation using Example

Example 1:

Scenario: A Magistrate in a small town in Maharashtra is conducting an inquiry into a theft case. During the inquiry, it becomes evident that the theft involved a significant amount of money and the accused has connections with organized crime.

Application of Section 322:

1. The Magistrate realizes that the complexity and severity of the case are beyond his jurisdiction.
2. He determines that the case should be tried by the Chief Judicial Magistrate due to its serious nature.
3. The Magistrate stays the proceedings and submits the case, along with a brief report explaining the situation, to the Chief Judicial Magistrate.
4. The Chief Judicial Magistrate, upon reviewing the report, decides to take over the case and proceeds with the trial.

Example 2:

Scenario: A Magistrate in a district in Uttar Pradesh is handling a case of assault. During the trial, new evidence surfaces indicating that the assault was part of a larger conspiracy involving multiple districts.

Application of Section 322:

1. The Magistrate realizes that he does not have the jurisdiction to handle a case that spans multiple districts.
2. He concludes that the case should be committed for trial by another Magistrate who has the appropriate jurisdiction.
3. The Magistrate stays the proceedings and submits the case, along with a brief report, to the Chief Judicial Magistrate.
4. The Chief Judicial Magistrate reviews the report and directs the case to a Magistrate in a neighboring district who has the jurisdiction to handle such cases.
5. The new Magistrate, empowered to try the case, takes over and continues with the trial.

Example 3:

Scenario: A Magistrate in a district in Tamil Nadu is conducting an inquiry into a case of cyber fraud. During the inquiry, it becomes clear that the fraud involves multiple victims across different states and the amount defrauded is substantial.

Application of Section 322:

1. The Magistrate realizes that the case is too complex and extensive for his jurisdiction.
2. He determines that the case should be tried by the Chief Judicial Magistrate due to its interstate nature and the significant amount involved.
3. The Magistrate stays the proceedings and submits the case, along with a brief report explaining its nature, to the Chief Judicial Magistrate.
4. The Chief Judicial Magistrate, after reviewing the report, decides to take over the case and proceeds with the trial.

Example 4:

Scenario: A Magistrate in a district in West Bengal is handling a case of domestic violence. During the trial, it is revealed that the accused has a history of similar offenses in other districts.

Application of Section 322:

1. The Magistrate realizes that the case should be tried by a Magistrate who has jurisdiction over multiple districts to consider the accused's history.
2. He concludes that the case should be committed for trial by another Magistrate with broader jurisdiction.
3. The Magistrate stays the proceedings and submits the case, along with a brief report, to the Chief Judicial Magistrate.
4. The Chief Judicial Magistrate reviews the report and directs the case to a Magistrate with the appropriate jurisdiction.
5. The new Magistrate, empowered to try the case, takes over and continues with the trial.