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Need to Amend Section 228(1)(A) of the Code of Criminal Procedure, 1973

By Hardev Singh Sandhu

Published In

Cri LJ 1984

The text of S. 228(l)(a). Cr. P. C. is reproduced below for ready reference. "Section 228 - Framing of charge. (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which: Is not exclusively triable by the court of session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate shall try the offence in accordance with the procedure for the trial of warrant cases instituted on a police report." Word 'shall' has been used in the section. Therefore, Chief Judicial Magistrate cannot transfer the case further to the Magistrate having jurisdiction (Judicial Magistrate competent to try the case) and Chief Judicial Magistrate has himself to try the case which is transferred to his court under section 228(l)(a) of Cr. P. C. Under the Cr. P ....

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