Supreme Court · 2011 INSC 631 · Decided 1 September 2011
Nitinbhai Saevatilal Shah & Another v. Manubhai Manjibhai Panchal & Another
- Court
- Supreme Court of India
- Citation
- 2011 INSC 631 · [2011] 10 S.C.R. 804
- Case number
- CRIMINAL APPEAL No. 1703/2011
- Decided
- 1 September 2011
- Bench
- J.M. PANCHAL, H.L. GOKHALE (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 326, 357; NI Act Section 138
Headnote
Code of Criminal Procedure, 1973: c ss. 263 and 264 read with s.326(3) and s.461- Summary trial - Procedure in part-heard cases on transfer of the Judge/ Magistrate - HELD: In view of sub-s.(3) of s.326, sub s.(1) of . s.326 which authorizes a Magistrate to act on the predecessor, does not apply to summary trials 0 - The prohibition contained in sub s. (3) of s 326 is absolute and. admits of no exception - In summary proceedings, the successor Judge or Magistrate has no authority to proceed with the trial from a stage at which his predecessor has left it
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