326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
(1) Whenever any Judge or Magistrate after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge of Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself:
Provided that if the succeeding Judge or Magistrate is of opinion that further examination of any of the witness whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross- examination and re-examination, if any, as he may permit, the witness shall be discharged.
(2) When a case is transferred under the provisions of this Code from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1).
(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 322 or in which proceedings have been submitted to a superior Magistrate under section 325.
STATE AMENDMENTS
Rajasthan:
In section 326,-
(a) in sub-section (1), for the word “Magistrate” wherever it occurs, the words” Judge or Magistrate” shall be substituted;
(b) in sub-section (2), before the words “from one Magistrate to another Magistrate” the words “from one Judge to another Judge or” shall be inserted.
[Vide Rajasthan Act 10 of 1977, sec. 3 (w.e.f. 3-3-1977).]
Uttar Pradesh:
In section 326,—
(a) in sub-section (1), for the words ” Magistrate,” wherever occurring the words “Judge or Magistrate” shall be substituted;
(b) in sub-section (2), before the words “from one Magistrate to another Magistrate”, the words “from one Judge to another Judge or” shall be inserted.
[Vide U.P. Act No. 16 of 1976, sec. 8 (w.e.f. 28-11-1975)]
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