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Where a person, having been convicted of an offence punishable under, Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860) with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless, the Magistrate is competent to try the case and is of opinion that he can himself pass and adequate sentence if the accused is convicted.
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