Section 322 in The Code Of Criminal Procedure, 1973
322. Procedure in cases which Magistrate cannot dispose of.
(1) If, in the course of any inquiry into an offense or a trial before a Magistrate in any district the evidence appears to him to Warrant a presumption-
(a) that he has no jurisdiction to try the case or commit it for trial or
(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district or
(c) that the case should be tried by the Chief Judicial Magistrate he shall stay the proceedings and submit the case, with a brief report explaining its nature to the Chief Judicial Magistrate or to such other Magistrate having jurisdiction as the Chief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may if so empowered, either try the case himself or refer it to any Magistrate subordinate to him having jurisdiction or commit the accused of trial.