1[346. Procedure of Magistrate in cases which he cannot dispose of.(1) If, in the course of an
inquiry or trial before a Magistrate in any district, the evidence appears to him to warrant a presumption that
the case is one which should be tried, or sent for trial to the Court of Session or the High Court, by some
other Magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining
its nature, to the Sessions Judge or to such other Magistrate, having jurisdiction, as the Sessions
Judge directs.
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself or
send the case for trial to the Court of Session or the High Court.]
2[347. Procedure when after commencement of trial, Magistrate finds case should be tried by
Court of Session or High Court. If in any trial before a Magistrate, before signing judgment, it appears to
him at any stage of the proceedings that the case is one which ought to be tried by the Court of Session or
High Court, he shall send the case to the Court of Session or High Court, for trial.]
3[348. Trial of persons previously convicted of offences against coinage, stamplaw or property.
(1)] Whoever, having been convicted of an offence punishable under ChapterXII or Chapter XVII of the
Pakistan Penal Code (XLV of 1860) with imprisonment for a term of three years or upwards, is again
accused of any offence punishable under either of those chapters with imprisonment for a term of three
years or upwards, shall 4[if the Magistrate before whom the case is pending is satisfied that there are
sufficient grounds 5[for the trial of the accused by the Court of Session or High Court, as the case may be,
send the accused for trial to such Court] unless the Magistrate 6[is competent to try the case and] is of
opinion that he can himself pass an adequate sentence if the accused is convicted:
7* * * * *
8[(2) When any person is sent for trial to the Court of Session or High Court under subsection (1), any
other person accused jointly with him in the trial shall be similarly sent for trial.]
1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for original section 346. This section was previously amended by the Federal Laws (Revision and Declaration) Act, 1951 (26
of 1951), s.3 and Second Schedule.
2 Subs. by Ord. 12 of 1972, s.2 and Sch. for the original section 347. This section was previously amended by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923) s.92.
3 S. 348 was renumbered as subsection (1) of that section by Act 18 of 1923, s.12.
4 Ins. ibid.
5 Subs. by Ordinance 12 of 1972, s.2 and Sch., for “for committing the acused be committed to the Court of Session or High Court, as the case may be”.
6 Subs. by Act 18 of 1923, s. 92, for “before whom the proceedings are pending.”
7 Proviso omitted by Ordinance 12 of 1972, s.2 and Sch. The proviso was previously amended by Act 18 of 1923, s.92.
8 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original subsection (2).
This subsection was previously amended by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.92.
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