Section 228(1) in The Code of Criminal Procedure, 1973
(1)If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which -(a)is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, [or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate] [Substituted by Act 25 of 2005, Section 22 for "and thereupon the Chief Judicial Magistrate" (w.e.f. 23-6-2006).] shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;(b)is exclusively triable by the Court, he shall frame in writing a charge against the accused.
