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(1) If in any inquiry before a Magistrate, or in any trial before a Magistrate, before signing judgment, it appears to him at stage of the proceedings that the case is one which ought to be tried by the Court of Session or High Court, and if he is empowwred to commit for trial, he shall [* * *] commit the accused under the provisions hereinbefore contained.
(2) If such Magistrate is not empowered to commit for trial, he shall proceed under Section 346.