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

Power of Sessions Judge to transfer cases and appeals and withdrawal of cases and appeals by Session Judge  are defined under Section 408 and 409 of CRPC 1973. Provisions under these sections are:

 

Section 408 of CRPC "Power of Sessions Judge to transfer cases and appeals"

(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his Sessions division.

 

 

 

 

 

(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.

(3) The provisions of sub-sections (3), (4), (5), (6) (7) and (9) of Section 407 shall apply in relation to an application to the Session, Judge for an order under sub-section (1) as they apply in relation to an application to High Court for an order under sub-sec. (1) of Section 407 except that sub-section (7) of that section shall so apply as if for the words, "one thousand rupees" occurring therein the words "two hundred and fifty rupees" were substituted.

 

Section 409 of CRPC "Withdrawal of cases and appeals by Session Judge"

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case appeal which he has made over to any Additional Session Judge.

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provision of this Code to another Court for trial or hearing, as the case may be.

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