Section 189
Transfer of cases
(1)
In any trial before a Magistrate in which it appears at any stage of the proceedings that from any cause any charge is one which in the opinion of such Magistrate ought to be tried by the High Court, the
Magistrate shall stay proceedingsin respect of such charge and transfer such charge to the High Court or if such charge relates to an offence in respect of which a preliminary inquiry requires to be held proceed under Chapter XVII with a view to the committal of the accused for trial by the High Court, and shall record the order upon the proceedings.
(2)
In any trial before a Magistrate in which at any stage of the proceedings it appears to the Public Prosecutor that from any cause any charge is one which ought to be tried by the High Court, the Public
Prosecutor may direct the Magistrate to stay proceedings in respect of such charge and to transfer such charge to the High Court or to proceed under
Chapter XVII with a view to the committal of the accused for trial by the
High Court and the Magistrate shall record the direction upon the proceedings and comply therewith.
Committal of accused to High Court for sentence 189A. (1) In any trial before a Magistrate in which it appears to the
Magistrate after the conviction of the accused that a greater punishment should be inflicted in respect of the offence of which the accused has been convicted than such Magistrate has power to inflict, the Magistrate may, in lieu of dealing with the accused in any manner in which the Magistrate has power to deal with him, commit him to the High Court for sentence.
(2)
Whenever an accused is committed to the High Court under the provisions of subsection (I), the Magistrate may remand such accused in custody to a prison or to such other place as the Magistrate deems fit pending the decision of the High Court, and the High Court shall -
(a)
as respects the conviction, satisfy itself as to the correctness legality or propriety of any finding and as to regularity of any proceedings of the inferior Court, and have the powers conferred upon a Judge by section 298; and
(5)
as respects the sentence, have the power to sentence the accused in accordance with the provisions of law under which he was found guilty thereof by the High Court or, if the High Court
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Criminal Procedure Code finds the accused guilty under some other provision of law, in accordance with that provisions:
Provided that an accused whom the High Court has sentenced under this paragraph may appeal to the Court of Appeal against such sentence as if he were a person convicted before the High
Court appealing against sentence.