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[Cites 0, Cited by 0] [Section 52] [Entire Act]

State of West Bengal - Subsection

Section 52(2) in The West Bengal Panchayat Act, 1973

(2)A Nyaya Panchayat may try any offence specified in the Second Schedule, Part B, if the case is transferred to it by a Sessions Judge, a Sub-divisional Judicial Magistrate or any other Judicial Magistrate empowered to receive petition under section 190 of the Code of Criminal Procedure, 1898:Provided that -
(a)a Judicial Magistrate before whom a complaint of an offence mentioned in the Second Schedule, Part A, cognizable by a Nyaya Panchayat is made, shall transfer the complaint to the Nyaya Panchayat which is competent to try the offence;
(b)the Sessions Judge or Sub-divisional Judicial Magistrate may transfer any case from one Nyaya Panchayat to another or to any other court subordinate to him if in the interest of justice he considers it necessary to do so;
(c)the Sessions Judge or Sub-divisional Judicial Magistrate may, with the consent of the parties, transfer any case cognizable by a Nyaya Panchayat, if the place of residence of the complainant is situated within the limits of a Gram Panchayat for which there is no Nyaya Panchayat, to any Nyaya Panchayat situated at a distance from such place of residence convenient, in the opinion of the Sessions Judge or the Sub-divisional Judicial Magistrate, as the case may be, for the parties and witnesses.