Whenever a Magistrate is of the opinion, after hearing the evidence for both the prosecution and the defense, that the accused is guilty and that the accused should receive a punishment different in kind from, or more severe than, the one the Magistrate is authorized to impose, or if the Magistrate, being of the second class, believes that the accused should be required to execute a bond under section 106, the Magistrate may record the opinion and submit the case, forwarding the accused to the Chief Judicial Magistrate to whom he is subordinate.
In cases where multiple accused individuals are being tried together, and the Magistrate considers it necessary to proceed under Sub-Section (1) in respect of any of them, the Magistrate shall forward all accused persons who, in his opinion, are guilty to the Chief Judicial Magistrate.
The Chief Judicial Magistrate, upon receiving the proceedings, may, if deemed necessary, examine the parties, recall and re-examine any witness who has already given evidence in the case, and call for and take any further evidence. The Chief Judicial Magistrate shall then pass such judgment, sentence, or order in the case as is deemed fit and in accordance with the law.
