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

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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