State the procedure to be adopted by a Magistrate who is not so competent but who is of the opinion that the case he is hearing ought to be committed.

Question: State the procedure to be adopted by a Magistrate who is not so competent but who is of the opinion that the case he is hearing ought to be committed.

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Answer

Section 201 of the Code of Criminal Procedure lays down the provision regarding the procedure to be adopted by Magistrate not competent to take cognizance of the case. The section runs down as below:

“If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall:

1. if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;

2. if the complaint is not in writing, direct the complainant to the proper Court.”

In a case before Patna High Court in Rajendra Singh v. State of Bihar, 1989 Cr LJ 2277 (Pat), the Court acquitted the accused on the ground that it had no jurisdiction to take cognizance of the complainant, the order of acquitting the accused would be illegal as the Court ought to have returned the complaint for presentation to the proper Court instead of acquitting the accused.

Moreover, if at any time during the course of the trial, the Magistrate finds that he is not so competent to try the case owing to reasons like:

1. 1. his court had no local jurisdiction to try the case, or
   2. that considering the nature of the offence he was not competent to try the case, or
   3. that he would not be able to pass an adequate sentence on the accused, or
   4. that he was personally interested in the case, or
   5. there were other difficulties affecting his competence to try the case,

then he is empowered under section 322 of the CrPC to submit a report indicating reasons to the Chief Judicial Magistrate explaining the circumstances and submit the case to him for proper disposal.

But if the Magistrate has no jurisdiction or is not competent to take cognizance of the offence, Section 322 will not be attracted. In such a case, the only course open will be to return the complaint under Section 201 to the complainant for presentation to the proper court.

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