[Judge or Magistrate] [Substituted by Act 45 of 1978, Section 27, for "Magistrate " (w.e.f. 18.12.11978).] and partly by another. - (1) Whenever any [Judge or Magistrate] [Substituted by Act 45 of 1978, Section 27, for "Magistrate " (w.e.f. 18.12.11978).], after having heard and recorded whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another [Judge or Magistrate] [Substituted by Act 45 of 1978, Section 27, for "Magistrate " (w.e.f. 18.12.11978).] who has and who exercises such jurisdiction, the [Judge or Magistrate] [Substituted by Act 45 of 1978, Section 27, for "Magistrate " (w.e.f. 18.12.11978).] so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself :

Provided that if the succeeding [Judge or Magistrate] [Substituted by Act 45 of 1978, Section 27, for "Magistrate " (w.e.f. 18.12.11978).] is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.

(2)

When a case is transferred under the provisions of this Code [from one Judge to another Judge or from one Magistrate to another Magistrate] [Substituted by Act 45 of 1978, Section 27, for "from one Magistrate to another Magistrate " (w.e.f. 18.12.1978).], the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1).

(3)

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.

RAJASTHAN.- (a) In sub-section (1) for "Magistrate ", wherever occurring the "Judge or Magistrate " shall be substituted.

(b) In sub-section (2), before the words "from one Magistrate to another Magistrate " the words "From one Judge to another Judge, or " shall be inserted. [vide Raj. Act No. 10 of 1977, Section 3 w.e.f. 3.3.1977].

UTTAR PRADESH.- In sub-section (1) for "Magistrate ", substitute "Judge or Magistrate "; in sub-section (2), before the words "from one Magistrate to another Magistrate " insert the words "from one Judge to another Judge, or ". [U.P. Act No. 16 of 1976, Section 8 w.e.f. 1.5.1976]