What is Reference to High Court? What is Disposal of case according to decision of High Court? What is calling for records to exercise powers of revision? Section 395, 396 and 397 of Code of Criminal Procedure 1973

Reference to High Court, Disposal of case according to decision of High Court and Calling for records to exercise powers of revision are defined under Section 395, 396 and 397 of CRPC 1973. Provisions under these sections are:

Section 395 of CRPC "Reference to High Court"

(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative but has not been so declared by the High Court to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefore, and refer the same for the decision of the High Court.

Explanation-- In this section, "Regulation" means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.

(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.

(3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.

Section 396 of CRPC "Disposal of case according to decision of High Court"

(1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order.

(2) The High Court may direct by whom the costs of such reference shall be paid.

Section 397 of CRPC "Calling for records to exercise powers of revision"

(1)The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself; to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record.

Explanation:- All Magistrates, whether Executive or Judicial and whether exercising original or appellate jurisdiction shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of Section 398.

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutor order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

REFERENCE AND REVISION

What is Reference to High Court? What is Disposal of case according to decision of High Court? What is calling for records to exercise powers of revision? Section 395, 396 and 397 of Code of Criminal Procedure 1973

What is Power to order inquiry? What is Sessions Judge's powers of revision? What is Power of Additional Sessions Judge? Section 398, 399 and 400 of Code of Criminal Procedure 1973

What is High Court's powers of revision? What is Power of High Court to withdraw or transfer revision cases? Section 401 and 402 of Code of Criminal Procedure 1973

What is option of Court to hear parties? What is statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court? What is High Court's order to be certified to lower Court? Section 403, 404 and 405 of Code of Criminal Procedure 1973

TRANSFER OF CRIMINAL CASES

What is Power of Supreme Court to transfer cases and appeals? What is Power of High Court to transfer cases and appeals? Section 406 and 407 of Code of Criminal Procedure 1973

What is Power of Sessions Judge to transfer cases and appeals? What is Withdrawal of cases and appeals by Session Judge? Section 408 and 409 of Code of Criminal Procedure 1973

What is Withdrawal of cases by Judicial Magistrate? What is Making over or withdrawal of cases by Executive Magistrates? Reasons to be recorded. Section 410, 411 and 412 of Code of Criminal Procedure 1973

 

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