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

Withdrawal of cases by Judicial Magistrate, Making over or withdrawal of cases by Executive Magistrates and  Reasons to be recorded are defined under Section 410, 411 and 412 of CRPC 1973. Provisions under these sections are:

 

Section 410 of CRPC "Withdrawal of cases by Judicial Magistrate"

(1)Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

 

 

 

 

 

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of Section 192 to any other Magistrate and may inquire into or try such case himself

 

Section 411 of CRPC "Making over or withdrawal of cases by Executive Magistrates"

Any District Magistrate or Sub- Divisional Magistrate may ---

(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate

subordinate to him;

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to

him and dispose of such proceeding himself, or refer it for disposal to any other Magistrate.

 

Section 412 of CRPC "Reasons to be recorded"

A Sessions Judge or Magistrate making an order under Section 408, Section 409, Section 410 or Section 411 shall record his reasons for making it

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