Sunday, September 18, 2011

Criminal Procedure Code, 1973, Section 326(3) read with Sections 461 and 465

Criminal Procedure Code, 1973—Section 326(3) read with Sections 461 and 465—When a case is tried as a summary case a Magistrate, who succeeds the Magistrate who had recorded the part or whole of the evidence, cannot act on the evidence so recorded by his predecessor—But if does so then section 461 will apply—Section 465 in such a case cannot be called in aid to make what was incompetent, competent.

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