Section 349(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)Whenever a [Judicial Magistrate of the second class,] [Substituted by Act XL of 1966.] having jurisdiction, is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or that he ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings and forward the accused to the [Chief Judicial Magistrate] [Substituted by Act XL of 1966.] to whom he is subordinate.(1-a) When more accused than one are being tried together and the Magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall forward all the accused who are in his opinion guilty to the [Chief Judicial Magistrate] [Substituted by Act XL of 1966.],
