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

Option of Court to hear parties, Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court High Court's and order to be certified to lower Court are defined under Section 403, 404 and 405 of CRPC 1973. Provisions under these sections are:

 

Section 403 of CRPC "Option of Court to hear parties"

Save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision, but the Court may if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

 

 

 

 

 

Section 404 of CRPC "Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court"

When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under Section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue, and that Court shall consider such statement before overruling or setting aside the said decision or order.

 

Section 405 of CRPC "High Court's order to be certified to lower Court"

When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by Section 388, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon-make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith

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