Section 349(2) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(2)the Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the ease and may call for and take any further evidence, and shall pass such judgement sentence or order in the case as he thinks fit, and as is according to law:Provided that he shall not inflict a punishment more severe than he is empowered to inflict under sections 32 and 33.
