Whenever a Judge or Magistrate, after hearing and recording all or part of the evidence in an inquiry or trial, ceases to exercise jurisdiction over the case and is succeeded by another Judge or Magistrate with the appropriate jurisdiction, the succeeding Judge or Magistrate may proceed based on the evidence recorded by the predecessor, whether it is entirely or partly recorded by them.
Provided that if the succeeding Judge or Magistrate believes that further examination of any witness whose evidence has already been recorded is necessary for the interests of justice, they may re-summon the witness. After such further examination, cross-examination, and re-examination (if any), as permitted by the Judge or Magistrate, the witness shall then be discharged.
When a case is transferred under the provisions of this Code—from one Judge to another Judge, or from one Magistrate to another Magistrate—the former Judge or Magistrate shall be considered to have ceased exercising jurisdiction in the case and is succeeded by the latter, as per the meaning of Sub-Section (1).
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.
