Yes he/ she can, there is no bar.
Section 164 of CrPC
Weather a magistrate who has recorded statement of witness under section 164 of Crpc can try said proceeding on trail.
Asked 9 years ago in Criminal Law
Religion: Hindu
5 Answers
Yes why not.
Yes, very much. There is no impediment in trying the proceeding by the same magistrate.
1. Yes, why not?
2. There is no bar in his hearing the case under trial.,
3. You should have givrn full facts of your case.
Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:
The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.
