Legal provisions regarding procedure where Court considers that case should not be dealt under section 345 of the Code of Criminal Procedure, 1973.
According to Section 346 of the Code of Criminal Procedure, if the Court in any case considers that a person accused of any of the offences referred to in Section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under Section 345, such Court, after recording the facts constituting the offence and the statement of the accused as herein before provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.
Image Source: upload.wikimedia.org
ADVERTISEMENTS:
The Magistrate to whom any case is forwarded under this Section shall proceed to deal with, as far as may be, as if it were instituted on a police report.
According to Section 347 of the Code, when the State Government so directs, any Registrar or sub-Registrar appointed under the Registration Act, 1908, shall be deemed to be a civil Court within the meaning of Section 346 of the Code.
As per Section 351(4) of the Code, an appeal from such conviction by any Registrar or sub-Registrar deemed to be a civil Court by virtue of a direction issued under Section 347 shall lie to the Court of Session for the sessions division-within which the office of such Registrar or sub-Registrar is situate.