(1) Whenever any 1[Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in any enquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another 1[Judge or Magistrate] who has and who exercises such jurisdiction, the 1[Judge or 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 1[Judge or Magistrate] is of opinion that further examination of any of the witnesses 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 2[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 AMENDMENT
Uttar Pradesh
In section 326 of the said Code,—
(a) in sub-section (1), for the word ‘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 Uttar Pradesh Act 16 of 1976, s. 8]
1Subs. by Act 45 of 1978, s. 27, for “Magistrate” (w.e.f. 18-12-1978).
2Subs. by s. 27, ibid., for “from one Magistrate to another Magistrate”(w.e.f. 18-12-1978).