Section 5 in The Uttar Pradesh First Offenders Probation Act, 1938
5. Procedure in cases submitted by Magistrate not empowered to act under Sections 3 and 4
Notwithstanding anything contained in Sections 3 and 4, where any first offender is found guilty of an offence by Magistrate of the third class or a Magistrate of the second class not specially empowered by the State Government in this behalf, and the magistrate is of the opinion that the powers conferred by the sections should be exercised, he shall record his opinion to that effect and submit the proceedings to a Magistrate of the first class or Sub-Divisional Magistrate, forwarding the accused to, or taking bail for his appearance before such Magistrate, who may thereupon pass such sentence or make such order as he might have passed or made, if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.
