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

Power to order inquiry, Sessions Judge's powers of revision and Power of Additional Sessions Judge are defined under Section 398, 399 and 400 of CRPC 1973. Provisions under these sections are:

 

 

 

Section 398 of CRPC "Power to order inquiry"

On examining any record under Section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make, or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under Section 203 or sub-section (4) of Section 204, or into the case of any person accused of an offence who has been discharged:

Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

 

Section 399 of CRPC "Sessions Judge's powers of revision"

(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of Section 401.

(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of Section 401 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.

(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.

 

Section 400 of CRPC "Power of Additional Sessions Judge"

An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.

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